Case 8:02-cv-01770-JSM Document 1 Filed 09/30/2002 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA l._/

TAMPA DIVISION

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UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

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Plaintiff,

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CIVIL ACTION NO.
8', OJ- -c v- ;'77() -T-30 T611J

v.

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COMPLAINT

RARE HOSPITALITY INTERNATIONAL, )

INC. d/b/a LONGHORN STEAK HOUSE, )

JURY TRIAL DEMANDED

Defendant.

)

INJUNCTIVE RELIEF SOUGHT

)

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 ofsex and retaliation, and to provide appropriate relief to Colleen Falkowski and similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Ms. Falkowski and any other similarly situated individuals were subjected to sexual harassment by Dan Ross, a management official of the Defendant corporation. The Commission further alleges that Defendant subsequently retaliated against Ms. Falkowski for complaining of the unlawful sexual harassment by subjecting her to adverse terms and conditions of employment and discharge.
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(£)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(£)(1) and (3) ("Title

1
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Case 8:02-cv-01770-JSM Document 1 Filed 09/30/2002 Page 2 of 5
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 Untied States District Court for the Middle District of Florida, Tampa Division. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), 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)(I) and (3).
4. At all relevant times, Rare Hospitality International, Inc. d/b/a Longhorn Steak House, a Georgia corporation, has continuously been doing business in the State ofFlorida and the City of Tampa, and has continuously had at least 15 employees.
5. At all relevant times Rare Hospitality International, Inc. d/b/a Longhorn Steak House 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 6. More than thirty days prior to the institution ofthis lawsuit, Colleen Falkowski filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April of2000, Defendant Employer engaged in unlawful employment practices at its Tampa, Florida location in violation ofSection 703(a) and Section 704(a) ofTitle VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a).
a. These practices included, but were not limited to, Assistant Manager Dan Ross subjecting Colleen Falkowski and similarly situated female employees
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Case 8:02-cv-01770-JSM Document 1 Filed 09/30/2002 Page 3 of 5
to unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. b. Defendant retaliated against Colleen Falkowski for complaining of the unlawful sexual harassment by sUbjecting her to adverse terms and conditions of employment, including unfavorable job assignments, and subsequently discharging her from her position. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Colleen Falkowski and other similarly situated females of equal employment opportunities and otherwise adversely affect their status as employees because oftheir sex and/or in retaliation for their opposition to unlawful employment practices. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights ofColleen Falkowski and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which
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Case 8:02-cv-01770-JSM Document 1 Filed 09/30/2002 Page 4 of 5
provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices.
C. Order Defendant to make whole Colleen Falkowski and other similarly situated individuals by providing appropriate back 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 or front pay.
D. Order Defendant to make whole Colleen Falkowski and other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial.
E. Order Defendant to make whole Colleen Falkowski and other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment oflife, in amounts to be determined at trial.
F. Order Defendant to pay Colleen Falkowski and other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts 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 in this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully Submitted,
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Case 8:02-cv-01770-JSM Document 1 Filed 09/30/2002 Page 5 of 5
NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL J. FARRELL Supervisory Trial Attorney
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CARLA J. VON GREIFF Trial Attorney Florida Bar. No. 0110566
EQUALE~LOYMENTOPPORTUNITY
COMMISSION
T~AAREAOFFICE
501 East Polk Street Tampa, Florida 33602 Phone: (813) 228-2020 Fax: (813) 228-2841
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 Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 1 of 7

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

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COLLEEN A. FALKOWSKI, Plaintiff,
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CASE NO.: 8:02-CV-1770-T-30TBM

RARE HOSPITALITY INTERNATIONAL, INC. d/b/a LONGHORN STEAK HOUSE,
Defendant.
----------------------------~/
COMPLAINT OF INTERVENTION AND DEMAND FOR JURY TRIAL COMES NOW, Plaintiff COLLEEN A. FALKOWSKI (hereinafter
"FALKOWSKI" or "Plaintiff') by and through her undersigned counsel, and sues Defendant RARE HOSPITALITY INTERNATIONAL, INC. d/b/a LONGHORN STEAK HOUSE (hereinafter "RHI") alleging unlawful employment practices, and demands a trial by jury of all issues so triable. In support of her claim for relief, Plaintiff alleges as follows:
JURISDICTION AND VENUE 1. This is an action for damages brought pursuant to Title VII of the Civil Rights Act
of 1964, as amended by the Civil Rights Act of 1991,42 U.S.C. §2000e, et seq. (hereinafter ''Title VII"), the Florida Civil Rights Act, Fla. Stat. §760.01, et seq. (hereinafter "FCRA") and the Florida Whistleblower Act, Fla. Stat. §448.102, et seq. (hereinafter "Whistleblower Act").

Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 2 of 7
2. Plaintiff invokes the federal question and civil rights jurisdiction of this Court under 28 U.S.C. §§1331 and I343(a)(4). Plaintiff also invokes this Court's supplemental and pendent jurisdiction over her state law claims against Defendant RHI, which arise out of the same nucleus of operative facts as the federal claims alleged herein.
3. Venue for this action lies in the Middle District of Florida pursuant to 42 U.S.C. §2000e, et seq., and 28 U.S.C. §1391. THE PARTIES
4. The Equal Employment Opportunity Commission ("EEOC") as the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII has filed suit against Defendant RHI under Title VII.
5. Plaintiff FALKOWSKI is a female resident of Hillsborough County, Florida. 6. Defendant RHI is a foreign corporation doing business in the State of Florida and
the Middle District of Florida. 7. Defendant RHI is engaged in an industry affecting commerce. 8. Defendant RHI has in excess of fifteen (15) employees and is an employer within
the meaning of Title VII, the FCRA, and the Whistleblower Act.
PROCEDURAL BACKGROUND
9. Plaintiff FALKOWSKI filed a Charge with the EEOC and the Florida Commission on Human Relations ("FCHR") on or about February 9,2001.
10. The EEOC investigated Plaintiff's FALKOWSKI's Charge of Discrimination and found reasonable cause to believe that violations of Title VII occurred.
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Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 3 of 7
11. The EEOC filed a Complaint in the United States District Court for the Middle District of Florida, Tampa Division, on or about September 30, 2002 alleging violations of Title VII.
12. Plaintiff FALKOWSKI has complied with all administrative prerequisites and conditions precedent prior to the institution of this lawsuit. FACTS
13. In or about January of 2000, Defendant RHI hired Plaintiff FALKOWSKI as a hostess.
14. During Plaintiff FALKOWSKI's employment with Defendant RHI, Assistant Manager, Dan Ross, subjected Plaintiff FALKOWSKI to unwelcome verbal and physical conduct of a sexual nature, which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
15. Defendant RHI retaliated against Plaintiff FALKOWSKI for complaining of the unlawful sexual harassment by subjecting her to adverse terms and conditions of employment, including unfavorable job assignments, and subsequently discharging her. COUNT I: TITLE VII (HARASSMENT & RETALIATION)
16. Plaintiff repeats, realleges and incorporates by reference paragraphs 1-15 of the Complaint.
17. Plaintiff repeats, realleges, and incorporates by reference the Complaint filed by the EEOC.
18. Defendant's managerial employee, Dan Ross, engaged in ongoing, unwelcome and offensive sexual conduct against Plaintiff because of Plaintiffs gender.
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Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 4 of 7
19. Ross' conduct was severe and pervasive, and created a sexually hostile and abusive work environment that unreasonably interfered with the terms, conditions, and privileges of Plaintiff's employment.
20. Defendant knew or should have known that Ross engaged in ongoing, unwelcome and offensive sexual conduct against Plaintiff and failed to take prompt remedial action.
21. Defendant condoned, ratified, authorized and perpetuated Ross' ongoing, unwelcome and offensive sexual conduct against Plaintiff by failing to take prompt remedial action.
22. Defendant engaged in unlawful employment practices prohibited by the Title VII by creating, condoning and perpetuating a sexually hostile and abusive work environment for Plaintiff.
23. Defendant engaged in unlawful employment practices prohibited by Title VII by intentionally and willfully engaging in adverse employment action up to and including discharging Plaintiff in retaliation for her complaints of sexual harassment.
24. Defendant acted intentionally with malice and reckless disregard for Plaintiff's rights under Title VII.
25. As a result of Defendant's unlawful employment practices, Plaintiff has suffered damage, including, the loss of a career with Defendant; the loss of wages, benefits, and other compensation; harm to her personal and business reputations; mental anguish and emotional distress; and other pecuniary and non-pecuniary losses.
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Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 5 of 7
WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant violated the rights of Plaintiff as protected by the laws of the United States; award Plaintiff back pay and the value of lost employment benefits; award Plaintiff front payor reinstatement; award Plaintiff compensatory and punitive damages for mental anguish, emotional distress, humiliation, and loss of reputation; award attorney's fees and costs; and grant other and further relief as this Court deems just and proper.
COUNT II: FCRA <HARASSMENT & RETALIATION) 26. Plaintiff repeats, realleges and incorporates by reference paragraphs 1-15, 18-21,
and 25 of the Complaint. 27. Defendant engaged in unlawful employment practices prohibited by the FCRA by
creating, condoning and perpetuating a sexually hostile and abusive work environment for Plaintiff. 28. Defendant engaged in unlawful employment practices prohibited by the FCRA by intentionally and willfully engaging in adverse employment action up to and including discharging Plaintiff in retaliation for her complaints of sexual harassment. 29. Defendant acted intentionally with malice and reckless disregard for Plaintiff's rights under the FCRA. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant violated the rights of Plaintiff as protected by the laws of the State of Florida; award Plaintiff back pay and the value of lost employment benefits from the time of her termination; award Plaintiff front payor reinstatement; award Plaintiff
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Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 6 of 7
compensatory and punitive damages for mental anguish, emotional distress, humiliation, and loss of reputation; award attorney's fees and costs; and grant other and further relief as this Court deems just and proper.
COUNT Ill: WHISTLEBLOWER ACT 30. Plaintiff repeats, realleges and incorporates by reference paragraphs 1-15, 23, 25
and 28 of the Complaint. 31. Defendant violated the Whistleblower's Act by taking retaliatory personnel action
against Plaintiff up to and including discharging Plaintiff because of Plaintiff's objections and/or refusal to participate in a Defendant's unlawful employment practices. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant violated the rights of Plaintiff as protected by the Whistleblower's Act and award Plaintiff front payor reinstatement to the same or an equivalent position and full fringe benefits and seniority rights; compensation for lost wages, benefits, and other remuneration; other compensatory damages allowable at law; attorney's fees, court costs, and expenses; and grant other and further relief as this Court deems just and proper.
DEMAND FOR TRIAL BY JURY Plaintiff respectfully demands a trial by jury for all issues so triable.
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Case 8:02-cv-01770-JSM Document 6 Filed 11/12/2002 Page 7 of 7

Dated: October II. , 2002

Respectfully submitted,

Randall V. Shanafelt, Trial Counsel Florida Bar No.: 0052426 Sharon A. Wey, Esquire Florida Bar No.: 0048010 THE SHANAFELT LAW FIRM, P.A. 4610 Central Avenue, Suite C St. Petersburg, Florida 33711 Telephone: (727) 323-3739 Facsimile: (727) 328-2477 Attorneys for Plaintiff

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 Case 8:02-cv-01770-JSM Document 24 Filed 11/05/2003 Page 1 of 3

F1L79 /

UNITED STATES DISTRICT COURT ~

MIDDLE DISTRICT OF FLO.,O'J -5 f:J110: 00

TAMPA DIVISION

'

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

Case No. 8:02-cv-1770-T-30TBM

RARE HOSPITALITY INTERNATIONAL, INC. d/b/a Longhorn Steak House,
Defendant.

ORDER OF DISMISSAL

The Court has been advised by Mediation Report (Dkt. #23) that the above-styled action has

been settled. Accordingly, pursuant to Local Rule 3.08(b) of the M.D.Fla., it is

ORDERED and ADJUDGED that this cause is hereby DISMISSED without prejudice

subject to the right of any party to re-open the action within sixty (60) days ofthe date of this order,

to submit a stipulated form offinal order or judgment should they so choose or for any party to move

to reopen the action, upon good cause shown. After that 60-day period, however, dismissal shall be

with prejudice. All pending motions, ifany, are DENIED as moot. The Clerk is directed to close

the file.

.5 DONE and ORDERED in Tampa, Florida on this

day of November, 2003.

J

S. MOODY, J •

U D STATES DISTRICT JUDGE

Case 8:02-cv-01770-JSM Document 24 Filed 11/05/2003 Page 2 of 3

Date Printed: 11/05/2003

F I L E COP Y

Notice sent to:
Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Jennifer N. Brown, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Richard M. Hanchett, Esq. Trenam, Kernker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A.
101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102

Case 8:T0a2m-cpva-0, 17F7L0-JS3M3601D-1oc1u0m2 ent 24 Filed 11/05/2003 Page 3 of 3
8:02-cv-01770 eec
Richard K. Fueyo, Esq. Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. 101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102 Tampa, FL 33601-1102
8:02-cv-01770 eec
Lisa L. Ballentine, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Tracie Y. Johnson, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Randall V. Shanafelt, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec
Sharon A. Wey, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec

 
 Case 8:02-cv-01770-JSM Document 26 Filed 12/30/2003 Page 1 of 3

)

)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

CIVIL ACTION NO.:

Plaintiff,

)

8:02-CV-1770-T-30TBM

and

)

)

COLLEEN FALKOWSKI,

)

)

Plaintiff Intervenor,

)

)

v.

)

)

RARE HOSPITALITY INTERNATIONAL,

)

INC., d/b/a LONGHORN STEAKHOUSE )

)

Defendant.

)

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STIPULATED CONSENT ORDER OF DISMISSAL WITH PREJUDICE

The Court having been advised that the above-styled action

has been resolved via a Consent Decree and the court having

approved same, it is

ORDERED and ADJUDGED that this cause is hereby DISMISSED

WITH PREJUDICE with each party to bear its own costs and

attorneys' fees.

DONE and ORDERED in Tampa, Florida on this

day of

December, 2003.

.Mooi 04
STATES DISTRICT JUDGE

Case 8:02-cv-01770-JSM Document 26 Filed 12/30/2003 Page 2 of 3

Date Printed: 12/30/2003

F I L E COP Y

Notice sent to:
Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Jennifer N. Brown, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Richard M. Hanchett, Esq. Trenam, Kernker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A.
101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102

Case 8:02-cv-01770-JSM Document 26 Filed 12/30/2003 Page 3 of 3 Tampa, FL 33601-1102
8:02-cv-01770 eec
Richard K. Fueyo, Esq. Trenam, Kemker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A.
101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102 Tampa, FL 33601-1102
8:02-cv-01770 eec
Lisa L. Ballentine, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Tracie Y. Johnson, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Randall V. Shanafelt, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec
Sharon A. Wey, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec

 
 Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 1 of 12

)

)

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

EQUALE~LOYMENTOPPOR~TY)

COMMISSION,

)

)

Plaintiff,

)

and

)

)

COLLEEN FALKOWSKI

)

)

Plaintiff Intervenor

)

)

v.

)

)

RARE HOSPITALITY INTERNATIONAL,)

INC., d/b/a LONGHORN STEAKHOUSE )

)

Defendant.

)

CIVIL ACTION FILE 8:02 CV1770T 30TBM

CONSENT DECREE

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1. This Consent Decree is entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), Plaintiff Intervenor, Colleen Falkowski (hereinafter referred to as "Plaintiff Intervenor" or "Ms Falkowski") and the Defendant, Rare Hospitality International, Inc., including its
subsidiary, Rare Hospitality Management, Inc. d/b/a Longhorn Steakhouse (hereinafter
referred to as "Defendant" or "Longhorn"). The Commission, the Intervenor, and Longhorn are collectively referred to as the "Parties".

2. The Commission filed this action on September 30, 2002 under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex (female), and retaliation and to provide appropriate relief to Colleen Falkowski, and other similarly situated individuals who were adversely affected by such practices. .

3. The court granted Plaintiff-Intervenor's Motion to Intervene in the above-styled case.
Plaintiff-Intervenors' Complaint alleged that Longhorn violated Title VII of the Civil Rights Act of 1964,42 U.S.C. Section 2000(e) et seq. ("Title VIlli) and Title I of the Civil Rights Act of 1991, and various other causes of action grounded upon the Florida Civil Rights Act (FCRA) and the Florida Private Sector Whistle Blower Act.

4. In the interest of resolving this matter, to avoid the costs of litigation, and as a result of
having engaged in comprehensive settlement negotiations, the Parties have agreed that

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 2 of 12

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this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties~ their successors and assigns.
5. The parties agree that this Decree resolves all the claims against Defendant alleged in
EEOC charge number 151 Al 0796 and civil action number 8:02-CV-1770-T-30TBM . 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.
6. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
I. JURISDICTION
7. This court has jurisdiction of the subject matter of this action and over the Parties for the purposes ofentering and enforcing this Decree.
8. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit upon breach of any terms of this Decree.
II. GENERAL PROVISIONS AND INJUNCTIVE RELIEF
9. The Defendant, its officers, managers, employees, agents, partners and assigns, are enjoined from engaging in any conduct which violates Title VII by adversely affecting the terms and conditions of any individual's employment because of their sex.
10. Defendant, its officers, managers, employees, agents, partners and assigns, shall not discriminate against any individual who opposes any of Defendant's practices which the employee believes to be unlawful employment discrimination, who files a charge of discrimination with the EEOC alleging violations of the Statutes the Commission
enforces; who cooperates with the EEOC in investigation and lor prosecution of any charge of discrimination; or who cooperated in the investigation or who offered
testimony or information in the above styled litigation which resulted in this Consent Decree.
ID. DEVELOPMENT OF POLICES AND TRAINING
11. Defendant has established a written sexual harassment and retaliation policy which is attached hereto as Exhibit A. A complete copy of this policy will be distributed to all its current employees at the Dale Mabry and Citrus Park facilities in the State of Florida by

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 3 of 12

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December 30, 2003. Defendant further agrees that all new employees will be provided a copy ofthe policy within one week of employment.
12. In order to further ensure the effective implementation of Defendant's anti-discrimination policies, Defendant will conduct an eight (8) hour annual training throughout the duration of this Decree for all of its managers and supervisory personnel at the Dale Mabry and Citrus Park facilities in the State of Florida, with specific emphasis on recognizing sexual harassment and acts that constitute unlawful retaliation and the proper procedure to be followed if they become aware of sexual harassment or retaliation in the workplace and/or if they receive a complaint of such harassment or retaliation for complaining about sexual harassment. Defendant agrees to provide the EEOC with at least two (2) weeks notice before it conducts its training session(s). with the date(s) and location(s) of the tralning, the identification of the training materials to be used at the training session, and the name and job title of the employees who will be in attendance at the training. The training will be conducted by Lisa L. Ballentine, Esq. or any similarly qualified party approved by the EEOC. Additionally, Defendant agrees that the EEOC may, at the EEOC's discretion, be in attendance at each training session(s).
13. Defendant agrees that the training described in p~ph 12 shall be conducted by March 30, 2004, and should thereafter take place by July 30th annually in the same format for the duration of this Decree. Defendant further agrees that the training described in paragraph 12 shall be given to all new managers and supervisors who did not attend the annual training within thirty (30) days of being placed in a management or supervisory position.
IV. POSTING
14. Defendant shall post a laminated llX17 size copy of the notice attached hereto as Exhibit B within 7 days of the entering of this decree. Said notice shall be posted in conspicuous locations accessible to all employees. ( i.e. break room, employee bulletin board, cafeteria, above water fountains, etc). This notice is to remain posted for the term of this Decree. If the demographics of the workforce so necessitates such policy shall be posted in Spanish and/or Creole in addition to the English version.
V. REPORTING AND MONITORING
15. Defendant will retain all employment records relating in any way to any complaint made to a supervisor, manager or human resource officer and to any investigation of sexual harassment or retaliation for complaining of sexual harassment at Defendant's Dale Mabry and Citrus Park. facilities in the State of Florida for the duration of this Decree and as required by federal law.
16. For the duration of this Decree, Longhorn will provide the EEOC every six (6) months with the name, last known address and last known phone number of any person employed at Defendant's Dale Mabry and Citrus Park locations who has complained to his or her Manager/Supervisor, Human Resources Department, or the President that he or she has been subjected to sexual harassment or retaliation while working at Defendant's Dale

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 4 of 12

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Mabry and Citrus Park locations during the preceding six (6) months. Defendant will
also state its actions taken in response to each such allegation. The first report shall be
submitted no later than March 31, 2004, Longhorn will provide upon request by the Commission (a) a copy of the complaint, or if no written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) outcome regarding such complaint.
17. Defendant will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than March 31, 2004, and thereafter biannually on September 30th. and March 31 st throughout the duration of this consent decree.
18. The Defendant will appoint one individual who shall be responsible for coordinating
Defendant's compliance with this Consent Decree and for providing reports to the EEOC. This person shall be appointed and the EEOC notified of his or her identity within 15
days of the Court's approval of this Consent Decree. All reports and documents required to be delivered by Defendant to the EEOC pursuant to this Consent Decree shall be
mailed to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, 1 Biscayne Tower Building Suite 2700, 2 South Biscayne Blvd, Miami, FL 33131
VII. MONETARY RELIEF
19. Defendant shall pay a lump sum in the amount of two hundred thousand dollars ($200,000) in resolution of this litigation. The monies shall be distributed as set forth below:
a. Two thousand five hundred dollars ($ 2,500) shall be representative of lost wages for Ms. Colleen Falkowski, less amounts required to be withheld for federal, state, and local income taxes. Defendant will also issue an IRS form and W-2, and shall be responsible for the payment of the employer's share of any federal, state and local, income taxes, and social security withholdings.
b. One hundred forty seven thousand five hundred dollars ($147,500) shall be representative of compensatory damages for Ms. CoUeen Falkowski and attorney fees. Defendant shall issue the check in the amount of $147,500 to Colleen Falkowski and the Shanafelt Law Firm, P.A. The check shall be mailed to the Shanafelt Law Firm at 4610 Central Avenue, St. Petersburg, FL 33311. The Defendant may issue a 1099 to the Shanafelt Law Firm, P.A. for this amount.
c. Thirty thousand dollars ($30,000) shall issue to Gina Leonard. Twenty nine thousand seven hundred and fifty dollars ($29,750) is representative of compensatory damages and two hundred and fifty dollars ($250) shall be representative of attorney fees Ms. Leonard incurred in connection with

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 5 of 12

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this litigation. Defendant will also issue an I.R.S. form 1099 to Ms. Gina Leonard substantiating same.
d. Twenty thousand dollars ($20,000) shall issue to Ms. Danielle Linville. Nineteen thousand seven hundred and fifty dollars( $19,750) is representative of compensatory damages and two hundred and fifty dollars ($250) shall be representative of attorney fees Ms. Linville incurred in connection with this litigation. Defendant will also issue an I.R.S. form 1099 to Ms. Danielle Linville substantiating same.
e. All payments referenced in paragraphs 19a-d shall issue within fifteen (15) calendar days from the Court's execution of this Decree, by certified mail in the name of: "Colleen Falkowski and Randall Shanafelt, PA, her attorney;" "Ms. Gina Leonard", "Ms. Danielle Linville"; and forwarded to Randall V. Shanafelt, Esq. The Shanafelt Law finn, 4610 Central Avenue, Suite C, St. Petersburg, FL 33711. Copies shall be forwarded to the attention of Jennifer Brown, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
20. If Defendant fails to tender the above-mentioned payments as set forth in paragraph 19 above, then Defendant 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 of the Defendant.
VIII. ENFORCEMENT
21. The Commission shall have independent authority to seek judicial enforcement of each aspect, term, provision and attachment of this Decree. However, the EEOC shall not seek such judicial enforcement unless it has first (1) given Defendant a written notice of its intention to seek judicial enforcement, which notice shall specify the alleged breach for which judicial enforcement shall be sought and (2) provided Defendant at least 15 days to cure any alleged breach of any terms, except the provisions set forth in paragraph 19 entitled monetary relief, for which court enforcement may be sought immediately. The Commission will take whatever measures it deems appropriate to effectuate the enforcement of the terms ofthis decree.
22. The court will take whatever measures necessary to effectuate the terms of this Decree.
IX. COSTS
23. Each party shall bear its own costs and attorney's fees associated with this litigation from the monetary relief provided in this Decree.

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J -( Date: / '1-0.;3

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x. DURATION OF CONSENT DECREE

24. The duration of this Decree shall be three (3) years from the date of entry of the Decree. SO ORDERED ADJUDGED AND DECREED, this .2P...day of December 2003.
J~oot/~~\
~r:S~lTES DISTRICT rurloE

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: kO~(-:J.JJ.~;' ~

2~ Date: 12- -

-03

Delner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF-INTERVENORS COLLEEN FALKOWSKI

by: LSbanafelt
The Shanafelt Law firm 4610 Central Avenue, Suite C St. Petersburg, FL 33711 Attorney's for the Intervenor
AGREED TO: FOR THE DEFENDANT RARE HOSPITALITY INTERNATIONAL INC., d/b/a LONGHORN STEAKHOUSE
bY:W1~~
Smith Gambrell & Russell, LLP Suite 3100 Promenade II 1230 Peachtree 8t. NE Suite 3100 Atlanta, GA 30309

Date: 1}Il '1[03

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 8 of 12

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EXHIBIT A

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 9 of 12

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EXIDBITA
Harassment Policy Sexual harassment and harassment on the basis ofan individual's race, color, religion, gender, sexual orientation, national origin, age, or disability will not be tolerated at RARE HOSPITALITY INTERNATIONAL, INC. This includes harassment by supervisors, team members, vendors, and Guests. Any team member who engages in any action or conduct constituting harassment will be subject to appropriate disciplinary action, up to and including termination.

Harassment may take many forms. Sexual harassment may include promises ofbenefits in exchange

for sexual favors, threats of reprisal for refusal to engage in social or sexual relations, and sexually

suggestive and offensive language. The following behavior may be grounds for disciplinary action:

•

Abusing the dignity of a team member through insulting or degrading sexual remarks or

conduct;

•

Threats, demands, or suggestions that a team member's refusal to submit to sexual advances

will adversely affect his or her employment, evaluation, wages, advancement, assigned

duties, shifts, or any other condition of employment or career development; and

•

Retaliation against a team member for complaining about the behavior described above.

Other prohibited harassment may be verbal or physical conduct that defames or shows hostility

toward a team member because ofhis or her race, color, religion, gender, sexual orientation, national

origin, age, or disability or that of his or her relatives, friends, or associates and that: (1) has the

purpose or effect of creating an abusive or hostile work environment; (2) has the purpose or effect

of unreasonably interfering with a team member's work performance; or (3) otherwise adversely

affects a team member's employment opportunities. Such harassment may include, but is not limited

to, the following:

•

Epithets, slurs, stereotyping, intimidating, threatening, or any hostile act that relates to race,

color, religion, gender, sexual orientation, national origin, age, or disability; and

•

Written or graphic material that defames or shows hostility or aversion toward an individual

or group because ofrace, color, religion, gender, sexual orientation, national origin, age, or

disability.

All complaints ofharassment should be reported to one ofyour managers, your Regional Manager, or a Human Resources Representative (800-434-6245). The important thing is that you talk to someone who can help, since we cannot protect you from such behavior ifwe are unaware that it is occurring. Every complaint will be investigated and appropriate action taken in accordance with this policy.

All team members are required to join the company in implementing this policy. All complaints of harassment, as well as the investigation of such complaints, will be kept as confidential as reasonably possible.

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 10 of 12

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EXIDBITB

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND
RARE HOSPITALITY INTERNATIONAL, INC.

This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Rare Hospitality International d/b/a Longhorn Steakhouse. Civil Action No. 8:02-CV-1770T-30TBM. Rare Hospitality International's policy prohibits discrimination against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Rare will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment.

Furthermore, Rare Hospitality International, supports Title VII and will not take any retaliatory action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with the 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 Rare Hospitality International's policies prohibiting discrimination.

This notice shall remain posted for three (3) years from the date Decree entered. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone Rare Hospitality International's Human Relations Department at 1-800-434-6245 or the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.

Signed this _ _ day of

,2003.

PRESIDENT/CEO, Rare Hospitality International

DO NOT REMOVE BEFORE

,2006.

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 11 of 12

Date Printed: 12/30/2003

F I L E COP Y

Notice sent to:
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1020 Tampa, FL 33602
8:02-cv-01770 eec
Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Jennifer N. Brown, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:02-cv-01770 eec
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Case 8:02-cv-01770-JSM Document 27 Filed 12/30/2003 Page 12 of 12
8:02-cv-01770 eec
Richard M. Hanchett, Esq. Trenam, Kemker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A.
101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102 Tampa, FL 33601-1102
8:02-cv-01770 eec
Richard K. Fueyo, Esq. Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. 101 E. Kennedy Blvd., Suite 2700 P.O. Box 1102 Tampa, FL 33601-1102
8:02-cv-01770 eec
Lisa L. Ballentine, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Tracie Y. Johnson, Esq. Smith, Gambrell & Russell 1230 Peachtree St., NE 3100 Promenade II Atlanta, GA 30309-3592
8:02-cv-01770 eec
Randall V. Shanafelt, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec
Sharon A. Wey, Esq. Shanafelt Law Firm, P.A. 4610 Central Ave., Suite C St. Petersburg, FL 33711
8:02-cv-01770 eec
Cary R. Singletary Cary R. Singletary, P.A. 509 E. Jackson St. Tampa, FL 33602
8:02-cv-01770 eec

 
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CLOSED, TBM
U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:02-cv-01770-JSM

EEOC v. Rare Hospitality Assigned to: Judge James S. Moody, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/30/2002 Date Terminated: 11/05/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov TERMINATED: 01/02/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Colleen A. Falkowski

Jennifer N. Brown Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6012 Fax: 3055364494 Email: jennifer.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas M. Inzeo Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Randall V. Shanafelt Shanafelt Law Firm, P.A. 803 Turner St. Clearwater, FL 33756 727-441-8533 Fax: 727-441-8541 Email: RVS@ShanafeltLaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sharon A. Wey Shanafelt Law Firm, P.A. 803 Turner St. Clearwater, FL 33756

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 3 of 6

V.
Defendant
Rare Hospitality International, Inc. doing business as Longhorn Steak House

727-441-8533 Fax: 727-441-8541 Email: SAW@ShanafeltLaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lisa L. Ballentine Smith, Gambrell & Russell Suite 3100, Promenade II 1230 Peachtree St., N.E. Atlanta, GA 30309-3592 404/815-3500 Email: lballentine@sgrlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard K. Fueyo Trenam Kemker Suite 2700 101 E Kennedy Blvd Tampa, FL 33602 813/227-7471 Fax: 813-229-6553 Email: rkfueyo@trenam.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard M. Hanchett Trenam Kemker Suite 2700 101 E Kennedy Blvd Tampa, FL 33602 813/223-7474 Fax: 813-229-6553 Email: rmhanchett@trenam.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tracie Y. Johnson Smith, Gambrell & Russell Suite 3100, Promenade II 1230 Peachtree St., N.E. Atlanta, GA 30309-3592 404/815-3500 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Mediator Cary R. Singletary TERMINATED: 11/03/2003
Intervenor Defendant Rare Hospitality International, Inc. doing business as Longhorn Steak House

represented by Cary R. Singletary # Cary R. Singletary, P.A. 509 E. Jackson St. Tampa, FL 33602 813/301-9339 PRO SE
represented by Richard K. Fueyo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard M. Hanchett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2002
09/30/2002 09/30/2002 10/02/2002 10/16/2002 11/01/2002 11/08/2002
11/12/2002 11/12/2002

#

Docket Text

1 COMPLAINT for action under Title 7 of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 filed; jury trial demanded; injunctive relief sought. Filing fee waived. (mrh) Modified on 10/01/2002 (Entered: 10/01/2002)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas B. McCoun, III (mrh) (Entered: 10/01/2002)

SUMMONS(ES) issued for Rare Hospitality International, Inc. Consent (s) issued. (mrh) (Entered: 10/01/2002)

2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (eec) (Entered: 10/03/2002)

3 MOTION by Colleen A. Falkowski to intervene by Colleen A. Falkowski (eec) (Entered: 10/17/2002)

4 RESPONSE by Rare Hospitality to [3-1] motion to intervene by Colleen A. Falkowski. (eec) (Entered: 11/04/2002)

5 ORDER granting [3-1] motion to intervene by Colleen A. Falkowski; clerk is to file the complaint of intervention. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 11/12/2002)

6 INTERVENOR'S COMPLAINT by Colleen A. Falkowski against Rare Hospitality. (eec) (Entered: 11/13/2002)

6 DEMAND for jury trial by Colleen A. Falkowski. (eec) (Entered: 11/13/2002)

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12/02/2002 12/05/2002
12/10/2002 12/20/2002 12/20/2002 12/23/2002 01/02/2003
03/18/2003 03/20/2003 03/28/2003 03/28/2003 04/11/2003
07/30/2003
07/30/2003 08/29/2003

7 RETURN of service executed as to Rare Hospitality on 11/20/02; Answer due on 12/10/02 for Rare Hospitality. (eec) (Entered: 12/03/2002)
8 APPEARANCE of non-resident counsel and designation of local counsel as to Rare Hospitality. Local counsel: Richard M. Hanchett. Non-resident counsel: Lisa L. Ballentine, Tracie Y. Johnson. (eec) (Entered: 12/06/2002)
9 ANSWER AND AFFIRMATIVE DEFENSES to [1-1] complaint by Rare Hospitality. (eec) (Entered: 12/11/2002)
10 ANSWER and affirmative defenses to [1-1] complaint by Rare Hospitality (wlb) (Entered: 12/23/2002)
11 UNOPPOSED MOTION by EEOC (unopposed) to substitute attorney (wlb) (Entered: 12/23/2002)
PROPOSED consent decree filed (jlh) (Entered: 12/24/2003)
12 ORDER granting [11-1] unopposed motion to substitute attorney; terminated attorney Carla J. Von Greiff for EEOC; Added Jennifer N. Brown. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 01/03/2003)
13 ORDER TO SHOW cause for failure to file case management report; Response due on 4/1/03 for EEOC, for Colleen A. Falkowski. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 03/19/2003)
14 CASE MANAGEMENT REPORT. (eec) (Entered: 03/21/2003)
15 RESPONSE to show cause order filed by plaintiff EEOC. (eec) (Entered: 03/31/2003)
16 RESPONSE to show cause order filed by intervenor-plaintiff Colleen A. Falkowski. (eec) (Entered: 03/31/2003)
17 CASE MANAGEMENT AND SCHEDULING ORDER setting thirdparty/joinder on 6/20/03; plaintiffs' expert disclosure on 7/18/03; defendant's expert disclosure on 8/22/03; Discovery cutoff 9/29/03; dispositive motion filing deadline for 10/27/03; Pretrial statement due on or before 1/6/04; Pretrial conference for 9:00 1/9/04; Jury trial set during the 2/2/04 trial term Scheduled for Judge James S. Moody Jr. ( signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 04/11/2003)
18 ORDER referring case to mediation. Parties shall select a mediator on or before 8/29/03. Conduct hearing on or before 12/31/03; Lead counsel, Jennifer N. Brown, to coordinate dates. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 07/31/2003)
19 NOTICE by Rare Hospitality of unavailability of counsel from 10/6/03 to 10/13/03. (eec) (Entered: 07/31/2003)
20 NOTICE OF SCHEDULING MEDIATION: mediation conference for 11/7/03, mediator: Cary Singletary (eec) (Entered: 09/03/2003)

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09/04/2003 09/24/2003
09/26/2003
11/03/2003 11/05/2003
11/05/2003 12/23/2003 12/23/2003 12/30/2003 12/30/2003

21 ORDER appointing Cary R. Singletary as mediator in this action. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 09/05/2003)
22 JOINT MOTION by EEOC, Colleen A. Falkowski, Rare Hospitality (joint) for the deposition of Melissa Hriczko, Gina Leonard, and Danielle Linville to be completed outside the discovery time frame referred to Magistrate Judge Thomas McCoun III. (eec) (Entered: 09/24/2003)
ENDORSED ORDER granting [22-1] joint motion for the deposition of Melissa Hriczko, Gina Leonard, and Danielle Linville to be completed outside the discovery time frame. ( Signed by Magistrate Judge Thomas B. McCoun III ) ctc (eec) (Entered: 09/29/2003)
23 MEDIATION REPORT. Mediation conference held: 10/30/03. Cary R. Singletary, mediator. Hearing outcome: settled. (eec) (Entered: 11/04/2003)
24 ORDER OF DISMISSAL this cause is dismissed without prejudice subject to the right of any party to reopen the action within 60 days, or to submit a stipulated form of final order or judgment; clerk is to close the file. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 11/05/2003)
CASE CLOSED. (eec) (Entered: 11/05/2003)
25 NOTICE of filing consent decree by EEOC, Rare Hospitality, Colleen A. Falkowski (jlh) (Entered: 12/24/2003)
25 STIPULATION of consent order of dismissal with prejudice by EEOC, Rare Hospitality, Colleen A. Falkowski (jlh) (Entered: 12/24/2003)
26 ORDER granting [25-1] dismiss/dismissal stipulation; this cause is dismissed with prejudice. ( Signed by Judge James S. Moody Jr. ) ctc (eec) (Entered: 12/30/2003)
27 CONSENT DECREE by EEOC, Rare Hospitality. (Signed by Judge James S. Moody, Jr.) ctc (eec) (Entered: 12/30/2003)

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 Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

Page 1 of 2

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE January 8, 2004

CONTACT: Federico Costales, District Director Delner Franklin-Thomas, Regional Atty (305) 530-6116 (305) 530-6001 Cell: (305) 240-1017 TTY: 1-800-669-6820

Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

EEOC Settles Bias Suits with ABC Pizza and Longhorn Steakhouse
MIAMI - The U.S. Equal Employment Opportunity Commission (EEOC) today announced two settlements of employment discrimination lawsuits under Title VII of the 1964 Civil Rights Act against Tampa, Fla.-area restaurants for sexual harassment of teenaged former employees. The settlements against Pizza of Florida, Inc., doing business as ABC Pizza, and Rare Hospitality International, Inc., doing business as Longhorn Steakhouse, total $525,000 in monetary relief and include extensive remedial relief, such as company training, posting of notices, and monitoring provisions.
The EEOC's lawsuit against Pizza of Florida (Civil Action No.8:03cv567-T17MSS), charged the Tampa Bay area pizza chain with subjecting female employees to a sexually hostile working environment. The EEOC contends that the sexually harassing conduct, created by the restaurant's manager, was primarily directed towards two sisters who were ages 16 and 17 at the time they were employed with ABC Pizza. The conduct included inappropriate touching as well as egregious verbal comments. The $325,000 in monetary relief, includes a $100,000 fund to be distributed among other similarly situated female employees subjected to the sexually harassing conduct.
EEOC's settlement with Longhorn (Civil Action 8:02-CV-1770-T-30TBM) requires the company to pay Collen Falkowski and two other former similarly situated employees a total of $200,000 in monetary relief for harassment that they were subjected to at the hands of an assistant manager. Ms. Falkowski was 16-years old when she associated with Longhorn as part of a high school on-the-job training class requirement. The assistant manager subjected Ms. Falkowski and the two other similarly situated female employees to conduct ranging from inappropriate hip and lower back touches and breast grabbing to inappropriate verbal comments, the EEOC's lawsuit said.
Both of these cases were pending in United States District Court for the Middle District of Florida, and were settled via Consent Decrees. Judge Elizabeth A. Kovachevich presided over and approved the Consent Decree in the suit against Pizza of Florida on October 21, 2003, while Judge James S. Moody, Jr. presided over and entered the Consent Decree in the case against Longhorn on December 30th.
Federico Costales, Director of EEOC's Miami District Office, said, "We are pleased with these resolutions and are confident that the injunctive measures secured through the Consent Decrees will afford other Pizza of Florida and Longhorn employees the ability to work in an environment free of unlawful harassment."
The Consent Decrees require each of the companies to conduct annual training on Title VII with emphasis on sexual harassment. In addition, each company is required to post an 11x17 laminated poster which expresses the companies' commitment to complying with federal anti-discrimination laws enforced by the EEOC, and explains how an employee can obtain more information about their rights

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Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

Page 2 of 2

under Title VII or any other federal anti-discrimination law. The EEOC will monitor each company to ensure that any further complaints of sexual harassment are handled in accordance with federal law, and that all provisions of the Consent Decree are strictly followed.
Delner Franklin-Thomas, EEOC's Regional Attorney in Miami, said: "The facts of these cases were very compelling in that they involved egregious treatment of youth who in many instances were receiving their first introduction into the workforce. We are hopeful that these resolutions will send a message to employers in the restaurant industry, where many high school youth often seek employment, to set in place preventive measures that will ensure that employees do not have to endure the type of hostile environment the claimants in these cases were subjected to."
In addition to enforcing Title VII, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on January 8, 2004.
Return to Home Page

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 EEOC LITIGATION SETTLEMENT REPORT - December 2003

Page 1 of 4

The U.S. Equal Employment Opportunity Commission
EEOC Litigation Settlements December 2003
z EEOC v. EZ Buy EZ Sell Recycler Corp. No. CV 02-8469 NM(SHx) (C.D. Cal. Dec. 5, 2003)
The Los Angeles District Office filed a Title VII sexual harassment suit against defendant, an affiliate of the Tribune Company, alleging that defendant's manager subjected three charging parties, two employed as account executives and one as an administrative assistant, to a hostile work environment and that the company failed to take remedial action. The harassment consisted of inappropriate physical contact and sexually offensive comments. The case was resolved by a two-year consent decree that requires defendant to pay a total of $380,000 to the three charging parties, who intervened in the Commission's action. The decree further enjoins the defendant from engaging in future sexual harassment or retaliation. Defendant is also required to hold annual training sessions on the prohibitions of sexual harassment and retaliation for its staff and to educate its managers annually on how to handle harassment complaints. The name and credentials of the person or entity designated to conduct the training, along with three proposed alternative trainers, must be reported to the EEOC for approval. Finally, for a period of five years, defendant is required to keep records regarding sexual harassment complaints, and for the term of decree must report to the EEOC detailing the investigation of any sexual harassment or retaliation complaints it receives. In the event the EEOC believes the defendant is not in compliance with the terms of the consent decree, defendant shall provide the EEOC with access to its facilities and non-privileged records and require its supervisory personnel to cooperate in the EEOC's interview and investigative process.
z EEOC v. United Parcel Service No. 01-00342 SPK KSC (D. Hawaii Dec. 12, 2003)
In this Title VII action, the San Francisco District Office alleged that Defendant, a national package delivery firm that is headquartered in Atlanta, Georgia, discriminated against charging party, an African American driver in its Kahului-Maui, Hawaii terminal, by firing him because of his race. The district office claimed that defendant's reasons for discharging charging party insubordination and use of profanity were pretextual because defendant administered less severe discipline to non-Black coworkers who engaged in similar or substantially worse behavior. The case was resolved by a two-year consent decree that applies to UPS locations in Hawaii. Defendant is required to pay charging party $150,000 and to provide him with a letter of reference which includes a statement that defendant received letters from customers commenting favorably on charging party's treatment of them. Defendant will create a two-hour training program to instruct all current supervisory and managerial staff on nondiscrimination laws, disparate treatment discrimination, and the company's anti-discrimination policies and complaint procedures. Defendant is also obligated to conduct nondiscrimination training by videotape or computer for all new supervisors and managers within thirty days of their employment. Finally, Defendant must distribute its nondiscrimination policies to all of its Hawaii employees and all new hires and post them in conspicuous locations at all Hawaii facilities.
z EEOC v. Parts Warehouse, Inc. No. 4-02-CV-00530 (E.D. Ark. Dec. 17, 2003)
The Memphis District Office brought this Title VII action on behalf of a class of African American employees, alleging that defendant subjected them to racial harassment, unfavorable terms and

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conditions of employment based on race, and retaliation for complaining about race discrimination internally and filing charges with the EEOC. The case was resolved by a three-year consent decree that enjoins defendant from engaging in discrimination or harassment on the basis of race and from retaliating against any employee who opposes discriminatory employment practices. The decree requires defendant to pay a total sum of $220,000 to 10 individuals, to expunge the personnel records of seven specific claimants of any unfavorable or adverse comments regarding their employment with defendant, and to provide a neutral job reference to any class member who requests one.
Defendant also agrees to monitor its restrooms, equipment, and facilities for the existence of racial graffiti and to remove or cover up graffiti as soon as defendant becomes aware of it. Defendant also will provide training for qualified African American employees in an effort to promote them to supervisory and managerial positions. Defendant must conduct annual training for its supervisors, managers, and subordinate employees on the prevention of racial harassment, race discrimination, and retaliation and disseminate a copy of its racial harassment policy to all of its employees. Finally, defendant must file three reports to the EEOC over a 35month period that list all complaints of race discrimination at its Little Rock, Arkansas facility, indicate whether racial graffiti was discovered, describe how the complaints were resolved, and detail defendant's Title VII training of its supervisors, managers, and employees.
z EEOC v. Hendrickson Trailer Suspension Sys. No. 3:02-0737 (M.D. Tenn. Dec. 17, 2003)
The Memphis District Office filed this Title VII action alleging that defendant, a manufacturer of heavy duty air-ride suspension systems for the tractor/trailer industry, discriminated against charging party, a shipping/receiving area leader, in the terms and conditions of her employment and discharged her because of her sex. Defendant failed to support charging party in her supervision of male employees, required her to supervise all three shifts, and discharged her in a reduction-in-force while retaining less qualified male employees. At the time of her discharge, charging party was the only woman of 13 managers at defendant's Clarksville, Tennessee facility. In resolution of this case, the parties agreed to a consent decree that requires defendant to pay $200,000 to the Charging Party, who intervened in the action, and to provide her with a neutral reference. Defendant is also enjoined from engaging in employment discrimination based on sex regarding its employees or applicants and from retaliating against them. Further, defendant must provide employment discrimination-awareness training to all of its supervisors and managers and any other individual who participates in the decisionmaking process for employment, promotion, or discharge.
z EEOC v. Miller Transporters, Inc. No. 4:02-cv-785 CDP (E.D. Mo. Dec. 17, 2003)
The St. Louis District Office filed a Title VII race discrimination lawsuit alleging that a white male supervisor who worked for defendant, a nationwide trucking company, created a racially hostile work environment for charging party, an African American general service worker at its St. Louis terminal. The complaint stated that the supervisor daily addressed and referred to the charging party in a racially derogatory manner, treated him more harshly than his white counterparts, and unduly scrutinized his work because of his race. The St. Louis Office also averred that Defendant retaliated against the charging party when it fired him after he filed an EEOC charge.
Pursuant to a consent decree that shall be in effect for a year and a half, defendant agrees to pay $160,000 to charging party and to provide a job reference stating that his attendance and job performance were satisfactory. In addition, defendant will suspend the culpable supervisor in this action for 14 days without pay. Defendant also agrees that it shall not discriminate against any employee on the basis of race. Defendant will provide mandatory training on racial harassment for all of its employees in its St. Louis, Missouri and Memphis, Tennessee terminals and offer additional training for supervisors and managers on how to handle and investigate harassment

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complaints. Lastly, defendant will submit to EEOC every six months information on race discrimination complaints at its St. Louis terminal and their investigation and resolution.
z EEOC v. Coit Services, Inc. No. 02-0668 PHX SLV (D. Ariz. Dec. 22, 2003)
In this Title VII action, the Phoenix District Office alleged that defendant, an international provider of in-house cleaning services, subjected charging party-intervenor and other female employees to pervasive and egregious sexual harassment by the company's founder and chairman emeritus. The suit also alleged that defendant retaliated against charging party because she complained by refusing to promote her from Operations Manager at defendant's Phoenix location to the Phoenix General Manager position. The district office alleged that charging party was constructively discharged due to the sexual harassment and retaliation.
The case was resolved by a two-year consent decree which requires defendant to pay $190,000 to charging party over the next year and a half, secured by the personal guarantee of the founder/chairman emeritus. In addition, defendant shall provide the Charging Party with a written apology. Further, defendant shall enforce its anti-sexual harassment and anti-retaliation workplace policies and investigate sexual harassment allegations "promptly, fairly, thoroughly, and impartially." Defendant also must provide to its employees, supervisors, and managers, on an annual basis, live and video training, which includes a statement from defendant's Regional Vice President, regarding the disciplinary and legal consequences of sexual harassment. Finally, defendant is not to keep investigative documents in the files of any employee who files a complaint of harassment, but it must place documentation of disciplinary actions in the personnel file of any employee who is disciplined for violating defendant's sexual harassment policy.
z EEOC v. Emergency Medicine Associates, Inc. No. 02-14139-CIV-PAINE (S.D. Fl. Dec. 23, 2003
The Miami District Office filed a Title VII suit against defendant, a privately owned group of emergency care physicians who service an acute care facility, alleging that supervisors and coworkers subjected charging party, defendant's sole female emergency room doctor, to sexual harassment and gender discrimination. The harassment included graphic sexual language and gestures, sexually explicit jokes, sexual banter and solicitations by supervisors and coworkers, and jokes about whether patients' medical conditions were related to sexual intercourse. Further, charging party was denied a promised promotion to partnership and was not given any significant bonuses during her employment even though her male counterparts were promoted within the promised three-year period and consistently were given substantial bonuses. Charging party complained about the harassment and gender bias, but defendant failed to take corrective action. The complaint also alleged that charging party was terminated because of her gender and in retaliation for complaining about the sexual harassment and discrimination.
The case was resolved by a four-year consent decree that requires defendant to pay charging party, who intervened and brought claims under the Florida Civil Rights Act, $296,800 in compensatory, personal injury, and tort damages and $203,200 in attorney's fees and costs. The decree also enjoins defendant from adversely affecting the terms and conditions of any individual's employment because of sex and from retaliation. Further, defendant agrees to draft and distribute a written sexual harassment and retaliation policy and to conduct eight hours of annual training for managers and supervisors with specific emphasis on recognizing sexual harassment, wage discrimination, and retaliation and responding to acts and complaints of sexual harassment and retaliation. Finally, defendant must report every six months regarding any sex discrimination or retaliation complaints it receives and the actions taken in response.
z EEOC v. Rare Hospitality Int'l, Inc., d/b/a Longhorn Steakhouse No. 8:02-CV-177OT30-TBM (M.D. Fl. Dec. 30, 2003)

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The Miami District Office filed this Title VII sexual harassment and retaliatory discharge suit against defendant, a national restaurant chain that operates two steak restaurants in Tampa, Florida. The suit alleged that, for nine months, defendant's 36-year-old assistant manager subjected charging party, a 16-year-old student working as a hostess as part of a high school onthe-job training class requirement, to physical and verbal sexual conduct, which included breast grabbing, other inappropriate touching, and remarks about wanting to have sex with her. Two other female employees were subjected to sexually offensive conduct by the assistant manager. Despite charging party's and the other female employees' complaints, the harassment continued. The suit also alleged that in retaliation for complaining to management about the harassment, charging party's hours were reduced and she was eventually terminated.
The case settled when the parties entered into a three-year consent decree that requires Defendant to pay monetary relief totaling $200,000. Specifically, Defendant will pay $2,500 in lost wages and $147,500 in compensatory damages to the charging party and $30,000 and $20,000 in compensatory damages to the other two affected women. The decree also enjoins defendant from adversely affecting the terms and conditions of any individual's employment because of sex and from retaliation. Further, defendant agrees to distribute its written sexual harassment and retaliation policy to all current and future employees at its two Tampa restaurants and to conduct eight hours of annual training for managers and supervisors at the two restaurants with specific emphasis on recognizing sexual harassment and retaliation and responding to acts and complaints of sexual harassment and retaliation. Finally, defendant must report every six months regarding any sex discrimination or retaliation complaints it receives and the actions taken in response.
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 Office of General Counsel FY 2004 Annual Report - Summary of Accomplishments

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E. Protecting Our Nation's Workers From The Start: EEOC's Youth @Work Initiative
In 2004, EEOC launched its Youth@Work Initiative to promote equal employment opportunity for our nation's younger workers. This program is aimed at one of the more vulnerable groups in the workplace teenagers, often working their first job, without any knowledge of their right to a discrimination-free work environment. Through outreach programs and partnerships with the business community, EEOC is raising awareness among teenagers and employers of the unique risks young people face during their early employment experiences.
Much of EEOC's litigation on behalf of young workers highlights the disturbing fact that many teens nationwide face sexual harassment at the very beginning of their working lives. Often, these cases arise in a restaurant setting, a common after-school or entry-level job for many teenagers. For example, in Tampa, a 36-year-old male assistant manager subjected a 16-year-old hostess to physical and verbal abuse, including grabbing her breast and other inappropriate touching. After the hostess complained of this behavior, her hours were reduced and she was eventually fired. In New Mexico, the male general manager of a fast food restaurant subjected three 16-year-old female employees to unwelcome physical and verbal sexual conduct, also firing them after they complained. A 'family' restaurant chain in Utah subjected its female teenage workers to grabbing, unwelcome kisses, vulgar comments, and, in one case, sexual assault by male supervisors and employees. Female teenage workers at a Northern Illinois ice cream parlor were kissed, groped, and subjected to offensive sexual comments by male coworkers. In a suburban Baltimore restaurant, an assistant manager ground his erect penis against female teenage workers and inappropriately touched them on their breasts and buttocks.
The EEOC sued to obtain compensation for the above victims and prevent future violations of the law. EEOC v. Rare Hospitality Int'l, Inc., d/b/a/ Longhorn Steakhouse (M.D. Fla. Dec. 30, 2003) ($200,000 and an injunction against sex discrimination and retaliation); EEOC v. B&B Mgt., Inc., d/b/a/ Taco Bell (D.N.M. Nov. 14, 2003) ($100,000 total for three claimants plus letters of recommendation; injunction against sex discrimination and retaliation at the employer's New Mexico facilities); EEOC v. JB's Family Restaurants, Inc., & Summit Family Restaurants, Inc. (D. Utah March 26, 2004) ($435,000 to a dozen claimants, plus an injunction, letters of apology, and offers of rehire with retroactive benefits and seniority); EEOC v. Colonial Ice Cream, Inc. (N.D. Ill. Oct. 1, 2003) ($368,000 to 13 claimants, EEO training in English and Spanish, and an injunction against sex discrimination); EEOC v. Brinker Int'l, Inc., Chili's of MD, Chili's of Bel Air (D. Md. July 28, 2004) ($283,000 and an injunction against sexual harassment and retaliation).

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