IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

) CIVIL ACTION NO.

)

Plaintiff,

)

)

COMPLAINT

v.

) JURY TRIAL DEMAND

)

DOLLAR THRIFTY AUTOMOTIVE GROUP, INC.,) INJUNCTIVE RELIEF REQUESTED

)

and

)

)

DTG OPERATIONS, INC. f/k/a

)

DOLLAR RENT A CAR SYSTEMS, INC.

)

d/b/a DOLLAR RENT A CAR,

)

)

Defendants.

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of race, and to provide

appropriate relief to Stephen E. Bowman who was adversely affected by such practices. As stated

with greater particularity in the paragraphs below, the United States Equal Employment Opportunity

Commission (hereinafter the “EEOC” or the “Commission”) alleges that Defendants denied Stephen

E. Bowman an International Tour Analyst position because of his race, Black. The International Tour

Analyst position would have allowed him to remain employed with Defendants after a restructuring

that resulted in Mr. Bowman’s job elimination.

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JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the EEOC, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Dollar Thrifty Automotive Group, Inc., an international automobile rental and leasing company, has continuously been a foreign Corporation, doing business in the State of Florida and the City of Tampa, and has continuously had at least 15 employees. 5. At all relevant times, Defendant DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. d/b/a Dollar Rent A Car, an international automobile rental and leasing company, has continuously been a foreign Corporation, doing business in the State of Florida and the City of Tampa, and has continuously had at least 15 employees. 6. At all relevant times, Defendant Dollar Thrifty Automotive Group, Inc, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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7. At all relevant times, Defendant DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. d/b/a Dollar Rent A Car, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Stephen E. Bowman filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least December of 2002, Defendants have engaged in unlawful employment practices at their Tampa headquarters/regional office, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a).
a. Stephen E. Bowman, a black male, was hired on or about December 1989 by Defendant DTG Operations, Inc. which was then named Dollar Rent A Car Systems, Inc. doing business as Dollar Rent A Car into the position of Staff Accountant for its headquarter’s office in Tampa, Florida.
b. Defendant DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. d/b/a Dollar Rent A Car, is a wholly owned subsidiary of Defendant Dollar Thrifty Automotive Group, Inc.
c. At all times relevant to this action, Defendants DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. d/b/a Dollar Rent A Car, and Dollar Thrifty Automotive Group, Inc. were Stephen E. Bowman’s joint employers.
d. Throughout his employment with Defendants from on or about December
3

1989 through May of 2003, Stephen E. Bowman held several positions including Staff Accountant, Budget & Financial Planning Analyst, Fleet Analyst, and General Accounting Analyst. e. Throughout his employment, Stephen E. Bowman possessed all of the requisite qualifications to perform these positions and performed his job in a competent manner. f. In or about Fall of 2002, Defendant Dollar Thrifty Automotive Group, Inc. decided to restructure its operations effective January of 2003, which resulted in several positions being eliminated at its Tampa, Florida office effective May and June of 2003. g. Stephen E. Bowman’s position, General Accounting Analyst, was slated to be eliminated effective May 31, 2003 as part of the restructuring. h. Notwithstanding Defendants’ restructuring, several departments and positions within those departments were not slated for elimination. i. Defendants solicited applications from both internal and outside applicants for positions that became available. j. In approximately the Spring of 2003, an International Tour Analyst position in a department that was not affected by the restructuring, became available. k. On or about May 8, 2003, Stephen E. Bowman, with the approval and recommendation of his supervisor, applied for the International Tour Analyst position.
4

l. Despite Stephen E. Bowman’s qualifications and tenure with Defendants that demonstrated Mr. Bowman’s abilities and requisite skills to perform the International Tour Analyst position, Defendants did not select Mr. Bowman for the job.
m. A less qualified non-Black outside applicant was selected for the International Tour Analyst position.
10. The effect of the unlawful employment practices complained of above has been to deprive Stephen E. Bowman of equal employment opportunities, and otherwise adversely affect his status as an employee because of his race.
11. The unlawful employment practices complained of above were intentional. 12. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Stephen E. Bowman.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in racial discrimination in their hiring and promotion policies, practices and procedures, at their Florida facilities, and any other employment practice which discriminates on the basis of race. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for blacks, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Stephen E. Bowman by providing appropriate back
5

pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement, rightful-place hiring, or front pay.
D. Order Defendants to make whole Stephen E. Bowman by providing compensation for past and future pecuniary losses resulting from the employment practices described in paragraph nine above, including but not limited to, out-of-pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Stephen E. Bowman by providing compensation for past and future nonpecuniary losses resulting from the employment practices described in paragraph nine above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Stephen E. Bowman punitive damages for their malicious and reckless conduct described in paragraphs nine through twelve above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted, ERIC S. DRIEBAND General Counsel
6

JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney s/ Lauren G. Dreilinger Lauren G. Dreilinger Trial Attorney New York Bar No. 750288890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 2 South Biscayne Boulevard, Suite 2700 Miami, Florida 33131 Tel. (305) 530-6452 Fax (305) 536-4494
7

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
DOLLAR THRIFTY AUTOMOTIVE GROUP, INC., et al.,
Defendants. ____________________________________/

CASE NO: 8:05-cv-475-T-23TBM

ORDER The court is advised that this matter is concluded and will be dismissed. Accordingly, pursuant to Local Rule 3.08(b), this case is DISMISSED WITHOUT PREJUDICE to the right of any party within sixty (60) days from the date of this order to (1) submit a stipulated form of final order or judgment or (2) re-open the action upon a showing of good cause. The Clerk is directed to (1) terminate any pending motion and (2) close the case. ORDERED in Tampa, Florida, on June 26, 2006.

cc: US Magistrate Judge Courtroom Deputy

 
 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DNISION

u.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

Civil Action No.: 8:05-CV-475-T-23TBM

DOLLAR THRIFTY AUTOMOTNE GROUP, INC.

and

DTG OPERATIONS, INC., fIkIa DOLLAR RENT A CAR SYSTEMS, INC., d/b/a DOLLAR RENT A CAR,

Defendants.
------------------------_/
CONSENT DECREE

1.

This Consent Decree ("Decree") is made and entered into by and between

Plaintiff, the Equal Employment Opportunity Commission ("Commission" or "EEOC"), and

Defendants, Dollar Thrifty Automotive Group and DTG Operations, Inc. ("Defendants").! The

Commission and Defendants are collectively referred to as the "Parties" throughout this Decree.

2.

On March 11, 2005, EEOC initiated this action by filing its Complaint against

Defendants. The EEOC's Complaint alleged that Defendants violated Title VII of the Civil

Rights Act of 1964,42 U.S.C. Section 2000e et seq. ("Title VII") and Title I of the Civil Rights

Act of 1991, by failing to hire Charging Party, Stephen Bowman ("Charging Party" or

"Bowman"), as an International Tour Analyst because of his race, Black.

The affirmative relief requested in Sections II through XI of this Consent Decree applies to Defendants'
Tampa, Florida and the International Tour Division Headquarters (the "Tampa Headquarters").

3. Defendants filed an answer to EEOC's Complaint denying any allegations of unlawful conduct and asserting several affirmative defenses. Defendants do not admit liability by signing tbis Consent Decree.
4. In the interest of resolving tbis matter to avoid the cost of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding on the Parties, their successors and assigns.
5. The Parties agree that this Decree resolves all claims against Defendants alleged in EEOC Charge Number 151-2003-02063 and the Complaint filed in this action. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge referred to in this paragraph.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree, and based on the pleadings filed by the Parties, it is ORDERED, ADJUDGED AND DECREED THAT:
I. JURISDICTION 6. This Court has jurisdiction over the subject matter of this action and over the Parties for the purposes of entering and enforcing tbis Decree. 7. No party shall contest jurisdiction of this federal court to enforce this Decree its terms or the right of the EEOC to seek enforcement of the decree in the event Defendants breach any of the terms of this Decree.
II. POLICY COMPLIANCE 8. Defendants have established a policy against discrimination and retaliation (the "Policy"), which is attached as Exhibit A. Defendants agree that all of its employees and managers at the Tampa Headquarters will be provided a complete copy of its policy within thirty

(30) calendar days after entry of this Consent Decree. Defendants further agree that all new

employees will be given a copy of the Policy within their first week of their employment with

Defendants.

9.

The Policy shall be distributed to all of Defendants' employees and management

staff at the Tampa Headquarters and shall be included in any relevant policy or employee

manuals kept by Defendants' businesses. The Policy shall also be kept and maintained in a

conspicuous and accessible place for all employees and printed in a font that is easily legible (at

least 12 point font).

10. Defendants agree to conduct investigations and take corrective action as outlined

in its policy attached as Exhibit A, with respect to any claims of race-based discrimination

lodged by an employee at its Tampa Headquarters for the duration of this Decree.

11. Defendants agree that they will conduct investigations and take corrective action

as outlined in its policy attached as Exhibit A, with respect to any retaliation complaints made by

an employee at its Tampa Headquarters who complained of race-based discrimination; or with

respect to any retaliation complaints made by any employees at its Tampa Headquarters who

cooperated with the EEOC in the investigation and/or prosecution of this case, for the duration of

this Decree.

III. TRAINING 12. Defendants will conduct two (2) hour armual training throughout the duration of

this Decree for all of its managers, supervisory personnel, and lead agents at its Tampa

Headquarters facility, with specific emphasis on race-based discrimination and the proper

procedure to be followed if they become aware of racial discrimination in the workplace and/or

if they receive a complaint of discrimination. Defendants will provide EEOC with at least two(2)

weeks notice before they conduct the training session(s), with the date(s) and location(s) of the

.... I
training, and the identification of the training materials to be used at the training session. The name and job title of the employees who attended the training shall be provided to EEOC within one (I) week of the training session. The training will be conducted by Phelps Dunbar, LLP.
\3. Defendants agree that the training described in paragraph 12 shall be conducted within ninety (90) calendar days of the entry of this Decree, and, should thereafter take place by December 31 annually for the duration of this Decree. Defendants further agree that the training described in paragraph 12 shall be given to all new, covered managers and supervisors, who did not attend the annual training, within sixty (60) calendar days of being placed in a management or supervisory position. Web-based training is acceptable for new managers and supervisory personnel.
IV. POSTING 14. Defendants shall post within seven (7) calendar days from the Court's execution of this Decree a laminated 11" x 14" sized copy of the Notice attached hereto as Exhibit B. The notice shall be posted at Defendants' Tampa Headquarters facility for the duration of this Decree in a conspicuous location accessible to all employees. (i.e. employee bulletin board or lunch room).
V. MONITORING 15. Defendants will retain all employment records relating in any way to any complaint, allegation, and investigation of race discrimination at the Tampa headquarters for the duration of this Decree and as required by federal law. 16. Throughout the duration of the Decree, Defendants will provide the EEOC with the name, home address, and home phone number of any person who alleges that he/she has been subjected to racial discrimination while working at the Tampa Headquarters during the preceding
six (6) months. Defendants will also state their actions taken in response to each such allegation.

The first report shall be submitted by March 1, 2007. Defendants will provide upon request by the Commission any and all documentation associated with each such complaint.
17. Defendants will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of the Decree. The first such certification will be due no later than March 1, 2007 and thereafter by September 1 and March 1, annually.
VI. MONETARY RELIEF 18. Defendants shall pay a lump sum in the amount of $65,000 to resolve this litigation. These monies shall be representative of compensatory and punitive damages. Defendants shall issue an I.R.S. form 1099 to Bowman substantiating same. 19. The payment shall issue within fifteen (15) calendar days from the Court's execution of this Decree payable to Stephen Bowman and Christopher Sierra P.A. Trust Account by certified mail to Christopher M. Sierra, P.A., 405 Central Avenue, Suite 100 St. Petersburg, Florida 33701. A copy of the payment shall be forwarded to the attention of Lauren G. Dreilinger, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. 20. If Defendants fail to tender the payment described in paragraphs 18 and 19 above, then Defendants shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendants.
VII. ENFORCEMENT OF DECREE 21. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree. However, the EEOC shall not seek judicial enforcement unless it has first (l) given Defendants' General Counsel a written notice of its intent to seek judicial enforcement, delivered to 5330 East 31 Street, P.O. Box 35985, Tulsa,

OK 74153-0985, which notice shall specify the alleged breach for which judicial enforcement

shall be sought and (2) provided the Defendants at least twenty (20) days to cure any alleged

breach of any terms.

VIII. COSTS 22. Each Party shall bear its own costs associated with this litigation.

IX. DURATION OF CONSENT DECREE 23. The duration of this Decree shall be three (3) years from the date of entry of the

Decree.

For the EQUAL EMPLOYMENT OPPORTUNITY
C~~MaI:jSI£ON)::t1l.. atn·~
DELNER FRANKLIN· THOMAS Regional Attorney Pennsylvania Bar No. 54205 1 South Biscayne Blvd., Suite 2700 Miami, Florida 33131

For DTAG, Inc. and DTG ra .ons, Inc.:
00 outh Ashley Drive, Suite 1900 pa, Florida 33602

Nora E. Curtin Supervisory Trial Attorney New York Bar No. 2357697

Lauren G. Dreilinger Trial Attorney New York Bar No. 75028890

SO ORDERED, ADJUDGED AND DECREED, this _ _ day of August, 2006.

Judge Steven D. Merryday UNITED STATES DISTRICT JUDGE

NOTICE TO ALL DOLLAR THRIFTY AUTOMOTIVE GROUP. INC. AND DTG OPERATIONS. INC. EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the u.s.
District Court in EEOC v. Dollar Thrifty Automotive Group. Inc. and DTG Operations, Inc., 8:05-cv-475-T-23TBM. Dollar Thrifty Automotive Group, Inc. (nDTAGn) and DTG Operations, Inc. ("DTGn) have adopted a policy that prohibits discrimination against employees based on race in violation of Title VII of the Civil Rights Act of 1964 (nTitle VIIn). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and/or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. DTAG and DTG will not condone employment discrimination of any kind as set forth in federal antidiscrimination laws, including, but not limited to, race-based discrimination and retaliation.

DTAG and DTG assure their employees that they support Title VII and will not take any action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with EEOC. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated DTAG and DTG's policy prohibiting discrimination.

EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact EEOC at (305) 808-1740 or (800) 6694000. EEOC charges no fees and has employees who speak languages other than English.

This Notice must remain posted for three (3) years from the date below and must

not be altered, defaced or covered by any other material. Any questions about this Notice

of compliance with its terms may be directed to: DTAG/DTG Settlemeot, c/o EEOC, 1

@r Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.

Signed this / Sf" day of

ff ,2006.

Do Not Remove Before _ _ _ _ _ _"2009.

HUMAN RESOURCES
NUMBER: HUM20
CREATION DATE: 12·2004
REVISION DATE:
POUCY: DISCRIMINATION AND HARASSMENT-FREE WORKPLACE
POUCY STATEMENT: It is the policy of Dollar Thrifty Automotive Group, Inc. and its subsidiaries (Ihe 'Company")
to ensure equal employment opportunity for every employee without regard to race, color, sex, religion, national origin, ancealJy, citizenship, age, marllalstatus or changes In marllal status, pregnancy, sexual orientation, mental or physical disabUity, status as a Vllllnam-era or special disabled veteran, or any other group I18IU8 protec;ted by state or tocallaw. The Company is firmly commlllllld to this Policy ("PoIicyj of non-dlacrimlnatlon in all employment
pracIiceII and to maintaining a workplace free of harassment. The Company strongly disapproves of and will not tolereta harassment of its employees and/or the Improper interference with the ability of its employees to perform their expected job duties by anyone,
including managers, supervisors, co-workers, vendors, customers or other non-employee
contacla. AU employees are responsible for respecting the rights of their co-workers and complying with this Policy.
DEFlNmONS ANO EXAMPLES
'Harassment" • 'Harassmenf includes, but is not ftmited to, any unwelcome or offensive conduct, whether verbal, physical, visual or otheIwisa, relalllld to an Individual'$ race, color, sex, religion, national origin, ancestry, citizenship, age, marilalstalU8 or changes In marital
staJus, pnlgnancy, sexual orientation, mental or physical disability, status as a Vletnarn-era or special disabled veteran, or any other group I18IU8 protei:ted by state or Iocaliaw, that creates an Intimidating, hostile or offensive work environment or Interfer8s with an individual's work performance.
Examples of harassment ex~1y prohlbllad by this Policy Include, but are not limited to,
the following: • Raciaislulll. • Ethnic jokes. • Posting offensive slalaments, posters or cartoons. • Sexual harassment, as defined balow.
The Company reserves the right to deem any other conduct or behavior 8& inapproprlate under this Policy.
'Sexual H_ment" • Harassment also includes 'sexual harassmenr. Unwelcome sexual advancea, requests or solicitations for sexual favors, unwelcome or offensive touching or physical contact, and other verbal, physical, visual or other behavior of a sexual nature, constitute 'sexual haralSmenr when:
Exhibit A

HUMAN RESOURCES NUMBER: HUM20 DATE: 12·2004 PAGE: 2
o SubmlBsion to such conduc:t is made either explicitly or implicitly as a term or condition of an Individual', employment;
o SubmlBslon to or rejec:1Ion of such conduct by an individual is used sa the basis for
employment decisions alfecling the individuat, or o Such conduct has the purpose 01 Interfering with an Indivlduafs work performance or
creating an Intimidating, hostile or Offensive work environment.
Examples of sexual harassment expressly prohibited by this Policy Include, but are not limited to, the following;
o TOUChing, ,uch as rubbing or massaging someone', neck or shoulders, stroking someone's hair or brushing against another's body.
o Sexually suggestive touching. o Grabbing, groping, kissing, pinching or fandAng. o Violating someone's personal space.
o Blocklng a parson's path.
• Whistling or cat calls. • Lewd, off-color, sexuaUy oriented comments or jokes. • Foul or obscene language. o Leering, staring, stalking or looking a person up and down (elevator eyes). o Suggestive or sexually explicit posters, calendars, photographs, graffiti or cartoons. • Unwanted or offensive letters or poems. o SIlting or gesturing sexuaUy. • OffensIve e-m.U or voicemaU messages. o Sexually oriented or explicit remarks, including written or oral references to sexual
conduct, or gOS$lp, rumors or nas regarding one's sex life, body, sexual actlvHles, de!lcienclea or prowess. • Referring to someone a.a 'girl', 'hunk", 'doIr, 'babe', 'honey' or the like. • Questions about one's sex life, experience. or preferances. • Repeated requests for date•• • Giving Inappropriate or unwelcome personal gifts. o Sexual favors in retum for employment rewards or threats If sexual favors are not provided. • Sexual all.ult, battery or rape. • Any other conduct or behavior deemed Inappropriate by the Company.
IMPORTANT NOTICE TO ALL EMPLOYEES
An emplOyee who has experienced conduc:t s/he believes is contrary to this Policy have an obligation to take advantege of the following complaint procedUral. An employee's failure to fulfill this obligation could affect her or hIS rights In pursuing legal action.

HUMAN RESOURCES NUMBER: HUM20 DATE: 12-2004 PAGE: 3
COMPLAlIff AND INVESTIGATION PROCEDURES
Repodinq H,reymtnf 9" QJscrjnlnatign
1. General· Early reporting and Inlervention haw proven to be the most elfecIMI method of I880Mng actual or perceived incidents of hll'lllll\1ellt. Therefore, while no ftxed reporting period haa been established, \he Company ,trongly urges the prompt reporting of complain. or concerns so that repid and constructive action can be taken.
2. Employees-
• Employea should not assume management Is aware of alleged haressmenl or
d'-crimlnallon. • Any employee who bellews sIhe haa been the victim of job-refated harelSment or
bellevea sIhe has experienced or been treated In an unlawful, discriminatory manner, should immediately report the mailer to \he employee',lmmedlate
IUpeNilor, the next level of management or to the Human Reeoul'CM Department
• /VI employee does not need to report any complaint first to the employee's supeNilor, particularly If the supeNisor .. the offender, or follow any formal chain of command when reporI/ng such compIaln., but may bypass anyone in lhe employee's direct chain of convnand and file his or her complaint dlrectly with the Human Resources Department at any time. If the people identified above are nol available, or if the employee Is uneomfortable naportingthe complaint to theM managemenl employeas, the ~ should report the matter to any other appropriate member of management NOTE: Celfomla-based empioyeet may also ~ \he Califomia Department of Fair Employment & Housing at (800) 884-1684 tilreportjoborelated hanmmenl and dIsa1m1nation.
• This Policy applies to al Incidents of alleged harassment, including those ooourring off-premlses, or off-hours, where \he alleged offender Is a 8upeNisor, co-worker or non-employee with whom the employee Is Involved, dlledly or Indirectly, In a buslneu or potential bulllnesl relationship. Should the alleged haralSm8nloccur aller nonnal businelS hours, a complaint should be filed as early as practicable on the first business day following the alleged incident.
• The availabllty of this compllint procedure doeI not preclude or prevent an
employees who believes sIIle Is being 8ubjected to haressment from promptly advising the offender that his or her behavior Is unwelcome and requesting that It be discontinued.
3. Managers - Eadl member of management Is responsible for creating an atmosphere
free of dlllcrfmlnation and harassmant, sexual or otherwtse. Any supeNisor or manager
who becomes aware of possible sexual or other unlawful harasament or discrimination must Immediately advise the VICe President of Employee Relations In the Human Resources Department so that a prompt Invewtlgatlon Ind, If necessary, corrective
action can be taken.

---------- -- --- ----1-
HUMAN RESOURCES NUMBER: HUM20 DATE: 12-a04 PAGE: 4
1!lII8I1!qalinq Bapot1s of H!!IlISSIDe!Il [)!scrimInallon or Rotallatipn
1. Any reported allegation of hallSSlll8l1t, dllaimination or retaUation Win be Investigated promptly and thoroughly by the Human ReIOurc:8S Department The Invastigalion may Include indlvlduallnterviawa With the parties Involved, and wheIe neoessary, With witnesses who may have observed the alleged conduct or Individuals who may have relevant knowledge.
2. The Company expects any . .yea Involved In any Investlgalion of harassment,
discrimination or retaliation to COOpIrata and assist the Human ReIOurcas Department
in ita investigation.
3. Upon tha ~ of the inveatigatlon, the employee who raported the conduct Will be Informed as to the Investigation', resulla.
ConfidlOtialily
Any report or complaint Will be handled and maintained in a confidential manner throughout
the inv8lltigalion ptOCIM to the extant conal8tant wHh adequate investigation and
appropriate dilCipiinary actiOn, If warranted. Each ampIoyae Involved In an investlgatton
should likewise treat the matter as confidential.
D!sclpllnarv Action
If the Company delermlnas that an employee has violated this Poley by discriminating or IIaniS8Ing another employee, appropriate diadpIInary aetIon wll be taken against the offending eIl1Iloyee, up to and including termination of employment
Re!a!Ia!Ion
The Company prohlblbl any fonn of retaliation against any employee for filing a good faith complaint under this Policy and for aSllsting In an Invealigatton. Any employee who bellave& aIhe h. been retaliated against ahould immediately report the matter .. discussed above In this Policy. However, If, after investigating any complaint of unlawful discrimination or h _ t , the Con1Iany daterrnlnaa that the complaint Is frivolous or WIIS not made in good fall!, or that an employee provided false information regarding the complaint, disciplinary aetIon may be taken against the individual who flied the complaint or who gave false Information.
Harassment by NpD=Emplgyees
This Policy allo applies to the conduct of nolHlmployee wollt contacts. In the event an
employee Is subject to unwelcome sexual conduct or any other such prohibited misconduct by • vendor, customer or OIlIer non-employee work contact, the employee should report the conduct. discussed above In this poncy.

HUMAN RESOURCES NUMBER: HUII20 DATE: 12-2004 PAGE: IS
COnsenwal Manager-Subonlinate Re!a!jonship§
To further prevent laeUes of sexual hal1lflllltle/\l arising from manager-eubordlnate reIaIIonshlps, !he Company has adopted a poley prohbiting a manager/suplllvisor from working cIoeely with or within !he same Ina of reporting, directly or indirectly, with a subordinate with whom the mengar/supervilor Is having a COIIeanluai intimate relatiol18hip.
Sea Poley HUMl9=Emplpymtnt of RaWttyaa, DPfJlIItic Partner! and SkJDificanl Others; Manager-8ubonilnate RelationshiPs.
DISTRIBUTION AND ACCEPTANCE OF POLICY
Qillribytkm
This Policy will be; (1) dlatributed to aU employaes and new hires, (2) set forth In 8Urrvnary
In !he Employw Handbook, (3) posted on employee bulletin boards or other information dletrlbution areas in all Company faciitie&, and (4) posted on the Company's Intranet lile at h!l!!:lldtiJonljna under "Corporate Policies and Procedures" for the Human Resources
Department aa Polley No. HUM20. AI employeee and new hires receiving a copy of thill
Policy wiI be requlnld 10 read thill Policy and sign and return either a signed Employee Acknowledgement: DIscrimination and Harassment-Free Workplace porley (Figure 1) or an Employee AcknoWledgement of Multiple WoItqJIece Polk:lel. or If tha employee Is a supervilorlmanager, a SUpeMsorlManager Acknowledgement - Dlscrfmlnatlon and Harassment-Free Workplace PoIiey (f'lgure 2).
Employees, by their decision to continue their employment with the Company following notice of the adop1ion, implementation and/or modification of thill Policy, shaH be deemed to
have aooepted its terms and conditions for the duretion of their empioymant by the Company.
Intorprotatlon
The Company reserves the right to interpret, moclify or revlsa this PoIiey, In whole or in part,
without notice. Nothing in this Policy Is to be conatrued as an empioymsnt contract nor cIoes it alter any employee's at-wlll stetus.

HUMAN RESOURCES
NUIIBER: HUM20
DATE: 12-2004
PAGE: •
FIOURE1 EMPLOYEE ACKNOWLEDGEMENT: DISCRIMINATION AND HARASSMENT-FREE WORKPLACE POLICY
AIIDIMe,"fI"f"IM""I"..,.,. ;d _::It
The undel'lligned employee of DoIar Thrifty AutomotiVe Group, Inc. or Ita $l/b$ldtaries ("Company") aclcnowtBtfges that e/lIe has raceIved, reed and undel'll1ands the DisCrimination
and Ha_ent - Free 'MlrIcpIaee Polley (Policy Number HUM20) of the COmpany rpoIIc:y"). The undel'lligned empIcIyee further ag... to comply with and abide by this Policy and the procedUI1I8 set foIth therein. Further, the undersigned acknowledges that If e/lIe engages In any conduct that II prohlbltad by this Policy, appropriate disciplinary action will be taken agalnat the undel'llign8d. up to and Including tannlnatlon of 1III1>1oymant.

Date:
PrIntIId Name:

By. ______~~_ ~~__0 ._1 -~ -------

HUMAN RESOURCES NUMBER: HUM20 DATE: 12·2004 PAGE: 7

FIGURE 2
SUPERVlSOMlANAOER ACKNOWLEDGEMENT: DISCRIMINATION AND
..,.:--- .. HARASSMENT- FREEWORKPLACE POLICY 1 -

The undenslgned .~ of DalIarThritly AutomoIIYe Group. Inc. rCompeny") acIalOWIedgea IIIat s/Il8 11M receiVed. read and undnIanda tile DllcrlmlnatIon and Harassmenl- Free
WorXP- Policy (Policy Number HUM20) ofthe Company rPolley")·

The underllgned employee further ~ to comply with IN abide by this Policy IN tile procadurw 181 fOrth tI1eI8in. M. aupaMeor/l'nanll. tile undensIgned fur1her ackIlOilledgellhet IIhe ia reaponalble to ~ an ....~ tree of dllcrlmtnaUon IN~.""'" or oIheIWIM. and IIIat ....klthe
undlniglllld ' _ o r haw _ 1 0 II.-" 01 conduct or behevIorln vtoIa1IOn 01 the Poiicy.lncfucllng,

but noIlimited 10 conduct or behavior.
• IWpOIte<I by the employee Nlject to the h8ra88men~ • obMIWd•..., In the _ _ of. c:ompIaInt;

• IWJIOIIed 8IlOnyI'IIOUaly;
• noportecI by aomeone _ then the alleged victim; • repcrtad by lIOIMOI1e who _ _ no one to find ~

• noportecI by a o _ who wanIa no action taken;
• raporllld ouIIIkIe working hoI.n and/or 011 tile Company's premI_;
• IWJIOIIed by an applicant, ~. IBmporary WIIti<cn or non-employwl; • ouIakIe working hou.. and/or tile Company'a prell itea lIIIt CNaIIIII an intimidating, hoatiIe or
ollie 1liiie - " enviIIlnment or 1nbI.... with an incIMduII'S WOIII petlom_K>l;

• IIIat doee not Involve any wl\n81111;

• tile undefllgnett _ ea trivial or Inllgnillcant;

• repcrtad by _

tile undenslgned _ . . . "chronic oompla/ner": or

• inVOlvea 801'-18 who illinildabia lPIIorthrealllnl tile undanslgned;

The undensIgned muat Immedlalaly advIoe tile H\I'IlIIIl RaIIourcea Depwrto....l1 ao that a prompt 1...-tigaIIon and. If neoellary. oorractNe action can be laken.

The undeIsigned acIcnowIedgea that If IIhe engages In any conduct IIIat Ia prd1IbikId by Ihls Poley. Incfucing. but not IimII8d to, Ignoring or ~ng behllllicr that _ have - . noportecI and irMnIIIgated. or faling 111 Imrnedlaleiy acIVIM tile Human ReaouRlllS Depattmenl 01 auoh behIIvIor or
condUCt, inclUding 8IIeptiona 1henIOf. approprlate dlacipllnary action wi" be taken against the undensIgned, up to and including termination 01 empIoymanI.

PrInIedName:

By: ----==~ '::T01 C= E""""," =-----

SUPERVISOR INBTRUCTtONS: Foowanllhla IIgned Employee "'*'-Iecigement to tile Human _ . DeparImonI in Tu". 0kIIh0me for filing In the employw'. petWlntl file.

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?662901466842293-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:05-cv-00475-SDM-TBM

CLOSED

United States Equal Employment Opportunity Commission v. Dollar Thrifty Automotive Group, Inc. et al Assigned to: Judge Steven D. Merryday Referred to: Magistrate Judge Thomas B. McCoun, III Cause: 42:2000 Job Discrimination (Race)

Date Filed: 03/11/2005 Date Terminated: 06/26/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Lauren G. Dreilinger U. S. Equal Employment Opportunity Commission 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1788 Fax: 305/808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Dollar Thrifty Automotive Group, Inc.

represented by John E. Phillips, Jr. Phelps Dunbar LLP Suite 1900 100 S Ashley Dr Tampa, FL 33602 813/472-7550 Fax: 813/472-7570 Email: john.phillips@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jolee Land Phelps Dunbar LLP Suite 1900 100 S Ashley Dr Tampa, FL 33602-5315 813/472-7550 Fax: 813/472-7570 Email: jolee.land@phelps.com ATTORNEY TO BE NOTICED

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Defendant DTG Operations, Inc. doing business as Dollar Rent A Car formerly known as Dollar Rent A Car Systems, Inc.
Mediator Peter J. Grilli TERMINATED: 06/20/2006

represented by John E. Phillips, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jolee Land (See above for address) ATTORNEY TO BE NOTICED
represented by Peter J. Grilli Peter J. Grilli, P.A. 3001 W. Azeele St. Tampa, FL 33609-3138 813/874-1002 Email: meditr@aol.com PRO SE

Date Filed 03/11/2005 03/11/2005 03/22/2005 04/07/2005 04/07/2005 04/07/2005 04/11/2005 05/06/2005

#

Docket Text

1 COMPLAINT against Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.; jury demand, filed by United States Equal Employment Opportunity Commission. (RFM) (Entered: 03/14/2005)
2 Summons issued as to Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc. Consent issued. (RFM) (Entered: 03/14/2005)
3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/22/2005. (maa) (Entered: 03/22/2005)
4 RETURN of service executed on 3/29/05 by United States Equal Employment Opportunity Commission as to DTG Operations, Inc.. (jmg) (Entered: 04/07/2005)
5 RETURN of service executed on 3/29/05 by United States Equal Employment Opportunity Commission as to Dollar Thrifty Automotive Group, Inc.. (jmg) (Entered: 04/07/2005)
6 Unopposed MOTION for extension of time to file answer or otherwise plead by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.. (Phillips, John) (Entered: 04/07/2005)
7 ENDORSED ORDER granting 6--defendants' unopposed motion for extension of time to respond to complaint. Answer due 5/3/2005. Signed by Judge Steven D. Merryday on 4/11/2005. (BK) (Entered: 04/11/2005)
8 Unopposed MOTION for extension of time to file answer or otherwise plead by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.. (Land, Jolee) (Entered: 05/06/2005)

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05/06/2005 05/10/2005 05/19/2005 05/25/2005
06/02/2005
06/03/2005 06/13/2005
06/21/2005 08/23/2005 10/26/2005 11/09/2005 11/10/2005
11/17/2005

9 ANSWER to complaint by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc..(Land, Jolee) (Entered: 05/06/2005)
10 ENDORSED ORDER granting 8--defendants' motion to extend to 5/6/05 the time within which to respond to the complaint. Signed by Judge Steven D. Merryday on 5/9/2005. (BK) (Entered: 05/10/2005)
11 CASE MANAGEMENT REPORT. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 05/19/2005)
12 CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 8/12/2005. Discovery due by 1/6/2006. Dispositive motions due by 2/9/2006. Pretrial Conference set for 6/15/2006 10:00 AM in Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Jury Trial set for trial term commencing 7/3/2006 before Judge Steven D. Merryday.Signed by Judge Steven D. Merryday on 5/25/2005. (maa) (Entered: 05/25/2005)
13 ORDER REFERRING CASE to mediation before Peter J. Grilli, Mediator. Lead counsel Lauren G. Dreilinger to coordinate dates and file a Notice of Mediation within twenty (20) days of the date of this order. Mediation shall be conducted on or before 12/16/2005.Signed by Judge Steven D. Merryday on 6/1/2005. (Attachments: # 1 mediation attachment/report)(maa) (Entered: 06/02/2005)
14 MOTION to substitute attorney (Stipulated) by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.. (Phillips, John) (Entered: 06/03/2005)
15 ENDORSED ORDER granting 14--stipulated motion to substitution of counsel. John E. Phillips and the law firm of Phelps Dunbar LLP are substuted in place of Holland & Knight as counsel for defendants. Signed by Judge Steven D. Merryday on 6/12/2005. (BK) (Entered: 06/13/2005)
16 NOTICE by United States Equal Employment Opportunity Commission Notice of Mediation (Dreilinger, Lauren) (Entered: 06/21/2005)
17 MEDIATION REPORT Hearing held on August 23, 2005 Hearing outcome: The parties have reached an impasse.(Grilli, Peter) (Entered: 08/23/2005)
18 NOTICE of unavailability of counsel byUnited States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/26/2005)
19 MOTION to continue the Trial Date and to Extend Discovery and Dispositive Motion Deadlines by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.. (Land, Jolee) (Entered: 11/09/2005)
20 ORDER granting in part and denying in part 19--parties' motion to continue. TRIAL--August 2006 trial calendar; DISCOVERY COMPLETED--May 5, 2006; DISPOSITIVE MOTIONS--June 5, 2006; SUPPLEMENTAL MEDIATION--May 19, 2006, before Peter J. Grilli. Signed by Judge Steven D. Merryday on 11/10/2005. (BK) (Entered: 11/10/2005)
21 NOTICE of mediaton by United States Equal Employment Opportunity Commission (Dreilinger, Lauren) Modified on 11/18/2005 (CH). (Entered: 11/17/2005)

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04/12/2006 04/17/2006 05/09/2006 06/05/2006 06/05/2006
06/07/2006 06/13/2006 06/20/2006 06/21/2006
06/21/2006 06/22/2006

22 Joint MOTION to continue the Trial Date and to Extend Discovery and Dispositive Motion Deadlines by Dollar Thrifty Automotive Group, Inc., DTG Operations, Inc.. (Phillips, John) (Entered: 04/12/2006)
23 ORDER granting in part and denying in part 22--parties' joint motion to continue trial and extend deadlines. DISCOVERY DEADLINE--6/5/2006; MEDIATION DEADLINE--6/19/2006. Signed by Judge Steven D. Merryday on 4/17/2006. (BK) (Entered: 04/17/2006)
24 NOTICE RESCHEDULING Pretrial Conference to 7/13/2006 at 10:30 a.m. in Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Pretrial Conference set for 6/15/06 is CANCELED.(slb) (Entered: 05/09/2006)
25 MOTION for summary judgment and Incorporated Memorandum of Law by DTG Operations, Inc.. (Land, Jolee) (Entered: 06/05/2006)
26 NOTICE by DTG Operations, Inc. re 25 MOTION for summary judgment and Incorporated Memorandum of Law (Attachments: # 1 Bowman Deposition Transcript# 2 Little Deposition Transcript# 3 Pritchard Deposition Transcript# 4 Guptill Deposition Transcript# 5 Scott Deposition Transcript# 6 Barton Deposition Transcript# 7 Barton II Deposition Transcript# 8 Lynn Pritchard Affidavit# 9 5 pages documents eeoc# 10 3/27 eeoc supplemental response)(Land, Jolee) (Entered: 06/05/2006)
27 ORDER referring motion to Magistrate Judge Thomas B. McCoun, III, for report and recommendation: 25--motion for summary judgment. Signed by Judge Steven D. Merryday on 6/7/2006. (BK) (Entered: 06/07/2006)
28 NOTICE of Hearings: Pretrial Conference set for 8/10/2006 11:00 AM in Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Jury Trial included on the trial calendar for September, 2006, which commences 9/5/2006 01:30 PM in Courtroom 15A before Judge Steven D. Merryday. (BK) (Entered: 06/13/2006)
29 MEDIATION REPORT Hearing held on June 19, 2006 Hearing outcome: The case has been settled and is pending the completion of final paperwork.(Grilli, Peter) (Entered: 06/20/2006)
30 MEMORANDUM in opposition re 26 Notice, 25 Motion for summary judgment filed by United States Equal Employment Opportunity Commission. (Attachments: #(1), #(2), #(3), #(4), #(5), #(6), #(7), #(8), #(9), #(10), #(11), #(12), #(13), #(14), #(15), #(16), #(17), #(18), #(19), #(20), #(21), #(22), #(23), #(24), #(25), #(26), #(27), #(28), #(29), #(30), #(31), #(32), #(33), #(34), #(35), #(36), #(37), #(38), #(39))(Dreilinger, Lauren) Document does not contain a signature, counsel called and message left to refile. Modified on 6/21/2006 (RFM). (Entered: 06/21/2006)
31 MEMORANDUM in opposition re 26 Notice (Other), Notice (Other), 25 Motion for summary judgment filed by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 06/21/2006)
32 NOTICE by United States Equal Employment Opportunity Commission re 31 Memorandum in opposition (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 #

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06/26/2006
08/24/2006 08/25/2006 08/31/2006 09/01/2006

27 # 28 # 29 # 30 # 31 # 32 # 33 # 34 # 35 # 36 # 37 # 38)(Dreilinger, Lauren) (Entered: 06/22/2006)
33 ORDER dismissing case. The court is advised that this matter is concluded. This case is DISMISSED WITHOUT PREJUDICE to the right of any party within sixty (60) days from the date of this order to (1) submit a stipulated form of final order or judgment or (2) reopen the action upon a showing of good cause. The Clerk is directed to (1) terminate any pending motion and (2) CLOSE the case. Signed by Judge Steven D. Merryday on 6/26/2006. (maa) (Entered: 06/26/2006)
34 Joint MOTION Entry of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3)(Dreilinger, Lauren) (Entered: 08/24/2006)
35 ORDER denying 34--motion for approval of consent decree. Signed by Judge Steven D. Merryday on 8/25/2006. (BK) (Entered: 08/25/2006)
36 Joint MOTION Entry of Consent Decree and Extension of Time to File Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 08/31/2006)
37 ORDER granting 36--parties' motion for entry of consent judgment; adopting terms of proposed consent judgment. Defendants shall comply with the terms of consent judgment, which is incorporated and attached. The court declines to retain jurisdiction except to enforce consent judgment. Request for extension of time is denied as moot. Signed by Judge Steven D. Merryday on 9/1/2006. (Attachments: # 1) (BK) (Entered: 09/01/2006)

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