Case 8:99-cv-02218-RAL Document 1

Filed 09/30/1999

Page 1 of 7

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

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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OUTBACK STEAKHOUSE OF FLORIDA, INC., )

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Defendant.

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CIVIL ACTION NO.
qCj~~p' J<l. Cl"- -':'2IIF
COMPLAINT JURy TRIAL DEMAND INJUNCTNE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, Title VII ofthe Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate reliefdue to Dena Zechella and any other similarly situated individuals as a result of such unlawful practices. As stated with greater partiCUlarity in paragraphs nine through fourteen below, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission") alleges that Defendant, Outback Steakhouse ofFlorida, Inc., paid female employee Dena Zechella at wage rates which were less than rates paid to a male employee performing the same or substantially equal work or otherwise discriminated against her because of her sex. The Commission further alleges that Defendant transferred and subsequently discharged Ms. Zechella because of her sex, female. In addition, the Commission alleges that Defendant used and/or attempted to use an illegal release. For example, Defendant attempted to have Ms. Zechella sign a release, through coercion. containing

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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999 Page 2 of 7
provisions which violate Title VII of the Civil Rights Act of 1964, as amended, and subsequently retaliated against her by denying her employment benefits on the sole basis of her refusal to sign such an unlawful release.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d), and pursuant to Sections 706(t)(I) and (3) and 707 of Title VIT ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(t)(1)and (3) and -6 ("Title VIT"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Middle District ofFlorida, Tampa Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 ofthe FLSA, 29 U.S.C.§§ 216(c) and 217, as amended by Section 1 ofReorganization Plan No. 1 of 1978,92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705; and by Sections 706(t)(I) and (3) and 707 of Title VIT, 42 U.S.C. §§ 2000e-5(t)(I) and (3) and -6.
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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999 Page 3 of 7
4. At all relevant times, Defendant, Outback Steakhouse ofFlorida, Inc. ("Employer"), has continuously been a Florida Corporation, doing business in the State ofFlorida and the City of Tampa, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer 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).
6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections
3(b), (i) and CD ofthe FLSA, 29 U.S.C. §§ 203(b), (i) and (j), has continuously been an enterprise
engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) ofthe FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been engaged in the food service business.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Dena Zechella filed a charge with the Commission alleging violations of the Equal Pay Act and Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least November 12, 1996, Defendant Employer has engaged in unlawful employment practices at its Tampa, Florida location, in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and -3(a).
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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999 Page 4 of 7
a. Defendant employer unlawfully discriminated against Dena Zechella with respect to compensation by paying her at wage rates lower than a similarly situated male that was employed by the Defendant.
b. Defendant employer unlawfully subjected Dena Zechella to an unfavorable transfer and subsequently discharged her because ofher sex, female.
c. Defendant used and/or attempted to use an illegal release in violation ofTitle VII. At least on one occasion, Defendant immediately denied Dena Zechella employment benefits on the basis of her refusal to sign a release containing provisions which violate Title VII.
10. The effect ofthe practices complained ofin paragraph nine above has been to deprive Dena Zechella and any other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees, because of sex and/or the refusal to sign an unlawful release.
11. The unlawful employment practices complained of in paragraph nine above were intentional.
12. The unlawful employment practices complained ofin paragraph nine above were and continue to be done with malice or with reckless indifference to the federally protected rights of Dena Zechella.
13. Since at least November 12, 1996, Defendant Employer has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying wages to a female employee at its Tampa, Florida location at rates less than the rates paid to a male employee in the
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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999 Page 5 of 7
same establishment for substantially equal work on jobs the perfonnance ofwhich requires equal skill, effort, and responsibility, and which are perfonned under similar working conditions.
14. As a result of the acts complained of above, Defendant Employer unlawfully has withheld and is continuing to withhold the payment ofwages due to Dena Zechella.
15. The unlawful practices complained ofin paragraphs thirteen and fourteen above were and are willful.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a pennanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in unequal payment of wages based on sex, unfavorable transfer and discharge on the basis of sex, employing a release containing provisions in violation of Title VII and retaliating against any employee for refusal to such an illegal release and any other employment practice which discriminates on the basis of sex. B. Grant a pennanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees ofone sex at rates less than the rates at which it pays wages to employees ofthe opposite sex for substantially equal work on jobs the perfonnance of which requires equal skill, effort, and responsibility, and which are perfonned under similar working conditions.
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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999

Page 6 of 7

C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, pay increases, front pay and rightful place reinstatement.
E. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not limited to, past and future out-of-pocket losses suffered, such as, job search expenses and fringe benefits like medical expenses, in amounts to be determined at trial.
F. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss ofenjoyment oflife, in amounts to be determined at trial.
G. Order Defendant Employer to pay Dena Zechella, and any other similarly situated individuals, punitive damages for its malicious andlorreckless conduct described in paragraphs nine, thirteen and fourteen above, in an amount to be determined at trial.

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Case 8:99-cv-02218-RAL Document 1 Filed 09/30/1999 Page 7 of 7
'.-

H. Grant a judgment requiring Defendant Employer to pay appropriate back wages in

amounts to be determined at trial, and an equal sum as liquidated damages or prejudgment interest

in lieu thereof, to Dena Zechella whose wages are being unlawfully withheld as a result of the acts

complained of above.

I.

Grant such further relief as this Court deems necessary and proper in the public

interest.

J. 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.

C. GREGORY STEWART General Counsel Designate

GWENDOLN Y. REAMS Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

GILBERT CARRILLO Supervisory Trial Attorney

Trial Atto Florida ar Number 0053228 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard Suite 2700 Miami, Florida 33131 (305) 530-6008 (305) 530-6000 (305) 536-4494 Facsimile
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 </s> Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 1 of 9

tf)ILLEVOD

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

99 DEC 23 PH 12: 17

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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Plaintiff,

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OUTBACK STEAKHOUSE, INC.,

)

)

DekndanL

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I CIVIL ACTION~. L E 99-2218-CIV-T-21F
Date ld f o~ clef (./.' Time
CLERK, U.S. DISTRICT COt;;tT MIDDLE DISTRICT OF FLCnUDA
TA,l\.fPA, FU~:; n~ "

DENA ZECHELLA'S COMPLAINT IN INTERVENTION

Intervenor Dena Zechella files this Complaint in intervention, as authorized by Federal Rule

of Civil Procedure 24(a)(1) and 42 U.S.C. § 2000e-5(f)(1), and alleges:

1. Intervenor Dena Zechella is a female who lives and resides in Hillsborough County,

Florida, and was, at all material times, an employee of and employed by Defendant Outback

Steakhouse, Inc.

2. As a result of Defendant's acts against Intervenor Zechella, Plaintiff, the United

States Equal Employment Opportunity Commission (EEOC), sued Defendant for violating the Equal

Pay Act, 29 U.S.c. §§ 206(d)(I) and 215(a)(2), and Title VII, 42 U.S.c. §§ 2000e-2(a) and 2000e-

3(a). A true and correct copy of the Complaint is attached hereto and incorporated by reference.

3. Defendant, the Outback Steakhouse, Inc., is a Florida corporation, and an "employer,"

as that term is defined by 29 U.S.c. § 203(d) and 42 U.S.c. §§ 2000e(b), (g), and (h).

4. Intervenor Zechella realleges paragraphs 1-15 of the Complaint attached hereto.

5. All conditions precedent to the maintenance of this action have occurred.

6. As a result ofDefendant's actions, Intervenor Zechella has suffered mental anguish,

Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 2 of 9

loss of capacity for the enjoyment of life, loss of earnings, loss of ability to earn money, and other monetary damages. The losses and expenses are permanent and continuing and Intervenor Zechella will suffer the losses in the future.
WHEREFORE, Intervenor Zechella demands judgment for damages, punitive damages, interest, costs, attorneys' fees, and back pay, and requests injunctive relief, including, but not limited to, front pay, reinstatement ofemployment and employment benefits, and enjoinment of Defendant from any further prohibited discrimination against Intervenor Zechella, and for all other relief, legal and equitable, that this Court deems appropriate, and Intervenor further respectfully requests a trial by jury of all issues so triable.
DATED this 1:3<tay of December, 1999.

RYAN CH STOPHER RODEMS, ESQUIRE Trial Counse for Intervenor Florida Bar No. 947652 ALPERT, BARKER & RODEMS, P.A. Post Office Box 3270 Tampa, Florida 33602 Phone: 813/223-4131 Facsimile: 813/228-9612 Attorneys for Intervenor

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof has been furnished by regular U.S. Mail to

Kevin Johnson, Esquire, THOMPSON, SIZEMORE & GONZALEZ, P. O. Box 639, Tampa, Florida

33601 and Rachel Shonfield, Esquire, Equal Employment Opportunityommis on, Two South

Biscayne Boulevard, Suite 2700, Miami, Florida 331 ,this

of. ecemb r, 1999.

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Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 3 of 9

r'711_'..• _\

IN THE UNITED STATES DISTRICT COURT FOR TIlE MIDDLE DISTRICT OF FLORIDA
TAMPADMSION

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EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff:

)

)

v.

)

)

OUTBACK STEAKHOUSE OF FLORIDA, INC., )

)

Defendant.

)

)

Ii· I' ~ .' I: -
14 .... '
c.,,,.. CIVIL ACTION NO. qq'~M J$.. -,:.v, F
COMPLAINT
WRY TRIAL DEMAND
IN~CTIVERELrnFSOUGHT

NATIJRE OF THE ACTION
This is an action under the Equal Pay Act of 1963, Title vn ofthe Civil Rights Act of 1964
and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate reliefdue to Dena ZecheJ1a and any other similarly situated individuals as a result ofsuch unlawful practices.
As stated with greater particularity in paragraphs nine through fourteen below, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission") alleges that Defendant, Outback Steakhouse ofFlorida, Inc., paid female employee Dena Zecbella at wage rates which were less than rates paid to a male employee performing the same or substantially equal work or otherwise discriminated against her because of her sex. The Commission further alleges that Defendant transferred and subsequently discharged Ms. ZecbeJ1a because of her sex, female. In addition, the Commission alleges that Defendant used andlor attempted to use an illegal release. For example, Defendant attempted to have Ms. Zechella sign a release, through coercion, containing

1

Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 4 of 9
provisions which violate Title vn of the Civil Rights Act of 1964, as amended, md subsequently
retaliated against her by denying her employment benefits on the sole basis of her refusal to sign such an unlawful release.
JURlSmCTION AND VENUE
1. lurisdictionofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the Fair Labor Standards Act of1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d), and pursuant to Sections 706(f)(1) and (3) and 707 ofTitle VII ofthe Civil Rights Act of 1964, as amended. 42 U.S.C. §§ 200Oe-S(f)(I)and (3) and -6 ("Title VII"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991. 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were and are now beingcommitted within the jurisdiction ofthe United States District Court for the Middle District ofFlorida, Tampa Division.
PARTIES
3. Plaintiff. the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 oftheFLSA. 29U.S.C.§§ 216(c) and 217, as amcndedby Section 1 ofReorganization Plan No. 1 of 1978.92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat 2705; and by Sections 706(f)(1) and (3) and 707 ofTitle VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3) and -6.
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Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 5 of 9
4. At all relevant times, Defendant, Outback Steakbouse ofFlorida, Inc. ("Employer"), bas continuously been a Florida Corporation, doing business in the State ofFlorida and the City of Tampa, and has continuously had at least IS employees.
S. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
Title vn, 42 U.S.C. §§ 2000e(b), (g) and (h).
6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production ofgoods for commerce within the meaning ofSections 3(b), (i) and (j) ofthe FLSA, 29 U.S.C. §§ 203(b), (i) and (j), has continuously been an enterprise engaged in commerce or in the production ofgoods for commerce within the meaning of Sections 3(r) and (s) ofthe FLSA, 29 U.S.C. §§ 203(r) and (s). in that said enterprise has continuously been engaged in the food service business.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Dena Zechella filed a
charge with the Commission alleging violations of the Equal Pay Act and Title vn by Defendant
Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least November 12, 1996, Defendant Employer has engaged in unlawful
employment practices at its Tampa, Florida location, in violation of Section 703(a) and Section
704(a) ofTitle vn, 42 U.S.C. § 2000e-2(a) and -3(a).
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Case 8:99-cv-02218-RAL
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Document 8

Filed 12/28/1999 Page 6 of 9

a. Defendant employer unlawfully discriminated against Dena Zechella with respect to compensation by paying her at wage rates lower than a similarly situated male that was employed by the Defendant.
b. Defendant employer unlawfully subjected Dena Zechel1a to an unfavorable transfer and subsequently discharged her because ofher sex, female.
c. Defendant used and/or attempted to use an illegal release in violation ofTitle YD. At least on one occasion, Defendant immediately denied Dena Zechella employment benefits on the basis ofher refusal to sign a release containing provisions which violate Title VD.
10. The effect ofthe practices complained ofin paragraph nine above has been to deprive Dena Zechella and any other similarly situated individuals ofequal employment opportunities and otherwise adversely affect their status as employees, because of sex and/or the refusal to sign an unlawful release.
II. The unlawful employment practices complained of in paragraph nine above were intentional.
12. The unlawful employmentpractices complainedofinparagraph nine abovewere and continue to be done with malice or with reckless indifference to the federally protected rights of Dena Zechella.
13. Since at leastNovember 12, 1996, Defendant Employerhas violatedSections 6(d)(l) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(l) and 215(a)(2), by paying wages to a female employee at its Tampa, Florida location at rates less than the rates paid to a male employee in the
4

Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 7 of 9
'-
same establishment for substantially equal work on jobs the performance ofwhich requires equal skill. effort. and responsibility. and which are performed under similar working conditions.
14. As a result of the acts complained of above. Defendant Employer unlawfully has withheld and is continuing to withhold the payment ofwages due to Dena Zechella.
1S. The unlawful practices complainedofinparagraphs thirteen and fourteen above were and are wiUM.
PRAYER FOR RELIEF
Wherefore. the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers. successors, assigns and all persons in active concert or participation with it, from engaging in unequal payment of wages based on sex, unfavorable transfer and discharge on the basis of sex,
employing a release containing provisions in violation of Title vn and retaliating against any
employee for refusal to such an illegal release and any other employment practice which discriminates on the basis of sex.
B. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establislunents between employees on the basis of sex. by paying wages to employees ofone sex at rates less than the rates at which it pays wages to employees ofthe opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
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Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 8 of 9
C. OrderDefendant Employerto institute and carry out policies, practices andprograms which provide equal employment opportunities for females, and which eradicatc the cffects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, pay increases, front pay and rightful placc reinstatement.
E. Order Defendant Employer to make whole Dena Zechclla, and any other similarly
situated individuals, by providing compensation for past and future pecuniary losses resulting from
the unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not limited to, past and future out-of-pocket losses suffered, such as, job search expenses and fringe benefits like medical expenses, in amounts to be detennined at trial.
F. Order Defendant Employcr to make whole Dena Zechella, and any other similarly situated individuals, by providing compensation for past and future nonpecuniary losses resulting from thc unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss ofenjoyment oflife, in amounts to be determined at trial.
G. Order Defendant Employer to pay Dena Zechella, and any other similarly situatccl
individuals, punitive damages for its malicious andlorreckless conduct described inparagraphs nine,
thirteen and fourteen above, in an amount to be determined at trial.
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Case 8:99-cv-02218-RAL Document 8 Filed 12/28/1999 Page 9 of 9
H. Grant a judgment requiring Defendant Employer to pay appropriate back wages in amounts to be determined at trial, and an equal sum as liquidated damages or prejudgment interest
in lieu thereof, to Dena Zechella whose wages are being unlawfully withheld as a result ofthe acts
complained of above.
I. Grant such further relief as this Court deems necessary and proper in the public
interest. 1. Award the Commission its costs ofthis action.
JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART
General Counsel Designate
GWENDOLN Y. REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
GILBERT CARRILLO
Supervisory Trial Attorney
TrialAtto Florida ar Number 0053228
EQUALE~LOYMrnNTOPPOR~
COMMISSION Two South Biscayne Boulevard Suite 2700 Miami, Florida 33131 (30S) 530-6008 (30S) 530-6000 (30S) 536-4494 Facsimile
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 </s> Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 1 of 11

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

OUTBACK STEAKHOUSE, INC.,

)

)

Defendant.

)

)

........

:.:

•

l

I

,

:

INJUNCTIVE RELIEF SOUGHT ~

JURY TRIAL DEMANDED

INTERVENOR'S AMENDED COMPLAINT IN INTERVENTION Intervenor Dena Zechella, pursuant to Federal Rule of Civil Procedure 15(a), files this Amended Complaint in intervention, as authorized by Federal Rule ofCivil Procedure 24(a)(l) and 42 US.c. § 2000e-5(f)(l), and alleges: 1. Intervenor Dena Zechella is a female who lives and resides in Hillsborough County, Florida, and was, at all material times, an employee of and employed by Defendant Outback Steakhouse, Inc. 2. As a result of Defendant's acts against Intervenor Zechella, Plaintiff, the United States Equal Employment Opportunity Commission (EEOC), sued Defendant for violating the Equal Pay Act, 29 US.c. §§ 206(d)(I) and 215(a)(2), and Title VII, 42 U.S.C. §§ 2000e-2(a) and 2000e3(a). A true and correct copy of the Complaint is attached hereto and incorporated by reference. 3. Defendant, the Outback Steakhouse, Inc., is a Florida corporation, and an "employer," as that tenn is defined by 29 U.S.C. § 203(d) and 42 U.S.C. §§ 2000e(b), (g), and (h).

\LO

Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 2 of 11
4. Intervenor Zechella realleges paragraphs 1-15 of the Complaint attached hereto. 5. All conditions precedent to the maintenance of this action have occurred.
COUNT I 6. Intervenor Zechella realleges paragraphs 1-5. 7. By discriminating against Intervenor Zechella in the terms and conditions of her employment and pay, Defendant's acts violated 42 U.S.C. § 2000e-2(a). 8. Defendant's acts against Intervenor in violationof42 U.S.c. § 2000e-2(a) were done with malice and reckless indifference to Intervenor's protected rights. 9. As a result ofDefendant's actions, Intervenor Zechella has suffered mental anguish, loss of capacity for the enjoyment of life, loss of earnings, loss of ability to earn money, and other monetary damages. The losses and expenses are permanent and continuing and Intervenor Zechella will suffer the losses in the future. WHEREFORE, Intervenor Zechella demands judgment for damages, punitive damages, interest, costs, attorneys' fees, and back pay, and requests injunctive relief, including, but not limited to, front pay, reinstatement of employment and employment benefits, and enjoinment ofDefendant from any further prohibited discrimination against Intervenor Zechella, and for all other relief, legal and equitable, that this Court deems appropriate, and Intervenor further respectfully requests a trial by jury of all issues so triable.
COUNT II 10. Intervenor realleges paragraphs 1-5. 11. After Steve Wilson was hired and Defendant systematically began giving Intervenor's
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Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 3 of 11
job duties and responsibilities to him, Intervenor Zechella discussed with her supervisor, Jamie Butler, that she was being discriminated against on the basis ofher gender and that males were being favored in the terms and conditions of employment.
12. Intervenor Zechella also discussed with Defendant's in-house counsel her concerns with the discrimination against her. The in-house counsel advised her to speak with Chris Sullivan, Outback's Chief Executive Officer. Intervenor Zechella, on the advice of Defendant's in-house counsel, and following proper channels, scheduled an appointment with Mr. Sullivan.
13. In March 1998, Intervenor Zechella met with Mr. Sullivan to discuss her concerns. Mr. Sullivan said he would "look into" her "complaint" and "get back with" Intervenor.
14. Mr. Sullivan never again spoke to Intervenor. Instead, when Intervenor returned from a one week vacation on April 22, 1999, Mr. Butler fired her, saying her job has been "dissolved."
15. Defendant's acts, as outlined above and in the EEOC's complaint, violated 42 U. S.C. § 2000e-3(a).
16. Defendant's acts against Intervenor in violation of42 U.S.C. § 2000e-3(a) were done with malice and reckless indifference to Intervenor's protected rights.
17. As a result of Defendant's acts, Intervenor has suffered mental anguish, loss of capacity for the enjoyment oflife, loss ofearnings, loss ofability to earn money, and other monetary damages. The losses and expenses are permanent and continuing and she will suffer the losses in the future.
WHEREFORE, Intervenor Zechella demands judgment for damages, punitive damages, interest, costs, attorneys' fees, and back pay, and requests injunctive relief, including, but not limited
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Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 4 of 11
to, front pay, reinstatement of employment and employment benefits, and enjoinment ofDefendant from any further prohibited discrimination against Intervenor, and for all other relief, legal and equitable, that this Court deems appropriate, and Intervenor further respectfully requests a trial by jury of all issues so triable.
DATED this 7-.hday of May, 2000.

RY

STOPHER RODEMS, ESQUIRE

Trial Counsel for Intervenor

Florida Bar No. 947652

ALPERT, BARKER, RODEMS,

FERRENTINO & COOK, P.A.

Post Office Box 3270

Tampa, Florida 33602

Phone: 813/223-4131

Facsimile: 813/228-9612

Attorneys for Intervenor

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof has been furnished by regular U.S. Mail to

Kevin Johnson, Esquire, THOMPSON, SIZEMORE & GONZALEZ, P. O. Box 639, Tampa, Florida

33601 and Rachel Shonfield, Esquire, Equal Employment Opportunity Commission, Two South

CZ-j,

Biscayne Boulevard, Suite 2700, Miami, Florida 33131, this

day of May, 2000.

4

Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 5 of 11

"-- .

( _/

-

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVIS[ON

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EQUAL EMPLOYMENT OPPORTIJNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

OUTBACK STEAKHOUSE OF FLORIDA, INC., )

)

Defendant.

)

)

CIVIL ACTION NO.
q9-~p. J<{- C1"'" -,;v, F
COMPLAINT JURy TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATIJRE OF TIm ACTION
vn This is an action under the Equal Pay Act of 1963, Title ofthe Civil Rights Act of 1964
and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate reliefdue to Dena ZecheUa and any other similarly situated individuals as a result of such unlawful practices.
As stated with greater particularity in paragraphs nine through fourteen below, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission") alleges that Defendant. Outback Steakhouse ofFlorida, Inc., paid female employee Dena Zechella at wage rates which were less than rates paid to a male employee pcrfonning the same or substantially equal work or otherwise discriminated against her because of her sex. The Commission further alleges that Defendant transferred and subsequently discharged Ms. Zechella because of her sex, female. In addition. the Commission alleges that Defendantused andlor attempted to use an illegal release. For example, Defendant attempted to have Ms. Zechella sign a release, through coercion, containing

1

Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 6 of 11
provisions which violate Title VII of the Civil Rights Act of 1964, as amended. and subsequently retaliated against her by denying her employment benefits on the sole basis of her refusal to sign such an unlawful release.
JURISDICTION AND VENUE
1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337,1343
and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c} and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA. 29 U.S.C. § 206(d), and pursuant to Sections 706(t)(1) and (3) and 707 ofTitle VU ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(t)(1}and (3) and -6 ("Title VU"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were and are now being committed within thejurisdiction ofthe United States District Court for the Middle District ofFlorida, Tampa Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the
vn, Equal Pay Act and Title and is expressly authorized to bring this action by Sections 16(c) and
17 ofthe FLSA, 29 U.S.C.§§ 216(c} and 217, as amended by Section 1 ofReorganization Plan No. 1 of 1978,92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat 2705; and by Sections 706(1)(1)
and (3) and 707 ofTitle vn, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and-6.
2

Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 7 of 11
4. At all relevant times, Defendant, Outback Stealchouse ofFlorida, Inc. ("Employer"), has continuously been a Florida Corporation. doing business in the State of Florida and the City of Tampa, and has continuously had at least 1S employees.
S. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (b) of
Title vn, 42 U.S.C. §§ 2000e(b), (g) and (h).
6. At all relevant times. Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production ofgoods for commerce within the meaning ofSections
3(b). (i) and (j) ofthe FLSA, 29 U.S.C. §§ 203(b), (i) and G>. has continuously been an enterprise
engaged in commerce or in the production ofgoods for commerce within the meaning ofSections 3(r) and (s) ofthe FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been engaged in the food service business.
STATEMENT OF CLAIMS 8. Morc than thirty days prior to the institution of this lawsuit, Dena Zechella tiled a
charge with the Commission alleging violations of the Equal Pay Act and Title vn by Defendant
Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least November 12, 1996, Defendant Employer has engaged in unlawful
employment practices at its Tampa. Florida location. in violation of Section 703(8) and SectiOD 704(a) of Title VII. 42 U.S.C. § 2000c-2(a) and -3(a).
J

Case 8:99-cv-02218-RAL Document 16
-

Filed 06/15/2000 Page 8 of 11
f -~

a. Defendant employer unlawfully discriminated against Dena Zechella with respect to compensation by paying her at wage rates lower than a similarly
situated male that was employed by the Defendant.
b. Defendant employer unlawfuJly subjected Dena ZecheUa to an unfavorable transfer and subsequently discharged her because of her sex, female.
c. Defendant used and/or attempted to use an illegal release in violation ofTitle VU. At least on one occasion. Defendant immediately denied Dena Zcchella employment benefits on the basis ofher refusal to sign a release containing provisions which violate Title VU.
10. The effect ofthe practices complained ofin paragraph nine above has been to deprive Dena Zechella and any other similarly situated individuals ofequal employment opportunities and
otherwise adversely affect their status as employees. because of sex and/or the refusal to sign an
unlawful release. 11. The unlawful employment practices complained orin paragraph nine above were
intentional. 12. The unlawful employment practices complained orin paragraph nine above were and
continue to be done with malice or with reckless indifference to the federally protected rights of Dena Zechella
13. Since at least November 12. 1996.Defendant Employerhas violated Sections 6(d)(l) and IS(aX2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to a female employee at its Tampa, Florida location at rates less than the rates paid to a male employee in the
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Case 8:99-cv-02218-RAL

Document 16 Filed 06/15/2000
----------------------r~
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Page 9 of 11

same establishment for substantially equal work on jobs the perfonnance ofwhich requires equal skill, effort, and responsibility, and which are perfonned under similar working conditions.
14. As a result of the acts complained of above, Defendant Employer unlawfully has withheld and is continuing to withhold the payment ofwages due to Dena Zechella.
1S. The unlawful practices complained ofin paragraphs thirteen and fourteen above were and are willful.
PRAYER FOR RELIEF
Wherefore. the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer. its officers, successors. assigns and all persons in active concert or participation with it. from engaging in unequal payment of wages based on sex. unfavorabJe transfer and discharge on the basis of sex. employing a release containing provisions in violation of Title VII and retaliating against any employee for refusal to such an illegal release and any other employment practice which discriminates on the basis of sex. B. Grant a pennanent injunction enjoining the Defendant Employer. its officers.
successors, assigns and all persons in active concert or participation with it. from discriminating
within any of its establislunents between employees on the basis of sex, by paying wages to employees ofone sex at rates less than the rates at which it pays wages to employees ofthe opposite sex for substantially equal work on jobs the performance ofwhich requires equal skill. effort. and responsibility. and which are performed under similar working conditions.

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Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 10 of 11
C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals. by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, pay increases, front pay and rightful place reinstatement.
E. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from
the unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not
limited to, past and future out-of-pocket losses suffered, such as, job search expenses and fiinge
benefits like medical expenses, in amounts to be detennined at trial.
F. Order Defendant Employer to make whole Dena Zechella, and any other similarly situated individuals, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described in paragraphs nine, thirteen and fourteen above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss ofenjoyment oflife,
in amounts to be determined at trial.
O. Order Defendant Employer to pay Dena Zechella, and any other similarly situated individuals, punitive damages for its malicious andlorreckless conduct described in paragraphsnine,
thirteen and fourteen above, in an amount to be determined at trial.
6

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Case 8:99-cv-02218-RAL Document 16 Filed 06/15/2000 Page 11 of 11
-

H. Grant a judgment requiring Defendant Employer to pay appropriate back wages in

amounts to be detennined at trial, and an equal swn as liquidated damages or prejudgment interest

in lieu thereof, to Dena Zecbella whose wages are being unlawfully withheld as a result of the acts

complained of above.

I.

Grant such further relicf as this Court deems necessary and proper in the public

interest.

J. Award the Commission its costs of this action.

JURy TRIAL DEMAND

The Commission requests a jury trial on all questions offact raised by its complaint.

C. GREGORY STEWART General Counsel Designate

GWENDOLN Y. REAMS Associate General Counsel

DELNER FRANKLIN-TIiOMAS
Regional Attorney

GILBERT CARRILLO Supervisory Trial Attorney

Trial Atto
Florida ar Number 0053228 EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION
Two South Biscayne Boulevard Suite 2700
Miami. Florida 33131
(305) 530-6008 (305) 530-6000
(305) 536-4494 Facsimile
7

 </s> Case 8:99-cv-02218-RAL Document 31 Filed 03/13/2001 Page 1 of 2

UNITED STATES DISTRICT qOURT MIDDLE DISTRICT OF FLOFIDA TAMPA DIVISION

FILE~

I~; 01 Iii",

12: 26

,
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" '~C ';:~T - _~,:-.;U/\

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

CASE NO: 8:99-cv-2218-T-26MSS

OUTBACK STEAKHOUSE, INC.,

Defendant. /
----------------------------~

ORDER UPON DUE CONSIDERATION, it is ORDERItD AND ADJUDGED as follows: 1) The Plaintiff's Motion to Compel Discoverr (Dkt. 29) is granted because the Court concludes that the wages paid to the male outsi4le consultant are relevant to the parties' claims and the subject matter of this action and tllat such information is not privileged. 1 2) The Defendant shall furnish such informati~n either through the deposition testimony of the witness possessing such information or tJrrough payroll information regarding the outside male consultant.

I The Court notes that the Defendant has not responded to the motion, and the time for filing such a response pursuant to Local Rule 3.01(b) has expited.

Case 8:99-cv-02218-RAL Document 31 Filed 03/13/2001 Page 2 of 2

DONE AND ORDERED at Tampa, Florida, on March 13, 2001.

.~~-

~..... ~/

/

RICHARD.A. LAZZARA UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:
Counsel of Record

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 </s> Case 8:99-cv-02218-RAL Document 44 Filed 05/08/2001 Page 1 of 3

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

- .1.·

. . •. i L.i~liJH T

, ~;l:UU.: u::~ .. ".' I JI~ I~LORiDA

TAi1Pi~. i LG;\IDi\

EQUALENWLOYMrnNTOPPOR~TY
COMMISSION,

Plaintiff,

v.

CASE NO: 8:99-cv-2218-T-26MSS

OUTBACK STEAKHOUSE, INC.,

Defendant.

/
----------------------------~
ORDER

This cause comes before the Court'on Plaintiff's Motion for Partial Summary

Judgment (Dkt. 36) and Defendant's Response thereto (Dkt. 42). Plaintiff seeks

summary judgment on Defendant's second, third, and fifth affirmative defenses.

Plaintiff sues Defendant for violations of Title VII and the Equal Pay Act.

Specifically, Plaintiff maintains that Defendant: (1) paid female employee Dena Zechella

("Zechella") lower wages than those paid to male employees performing the same or

substantially equal work; (2) transferred and subsequently discharged Zechella because

of her sex; (3) attempted to coerce Zechella into signing an unlawful release of her rights;

and (4) retaliated against Zechella for her refusal to sign the release. Defendant asserts

that Plaintiff is not entitled to recover damages under the Equal Pay Act (second

Case 8:99-cv-02218-RAL Document 44 Filed 05/08/2001 Page 2 of 3
"'-'"
affinnative defense) or Title VII (third affinnative defense) for any period on which the statute of limitations set therein has run. Defendant also argues that Plaintiff failed to satisfy all conditions precedent to this suit (fifth affirmative defense). After careful consideration, the Court finds that the Motion for Partial Summary Judgment should be denied.
Zechella filed her charge of discrimination on June 9, 1998. The 300-day limitations period for Zechella's claims extends back to August 13, 1997. 42 U.S.C. § 2003-5. Several of Plaintiffs allegations pertain to acts that occurred prior to August 13, 1997. In some instances, courts have permitted recovery for acts that occurred prior to the 300-day period under the theory that the earlier acts were part ofa continuing violation. However, Plaintiff must first establish a prima facie case of sex discrimination. It appears at this time that a reasonable fact-finder could conclude that there was no pay discrimination within the 300-day period preceding Zechella's charge. Such a finding would eliminate any basis for application of the continuing violation doctrine. In addition, Plaintiff failed to establish a sufficient basis for the application of the equitable tolling doctrine inasmuch as Zechella stated in her deposition that she knew soon after Steve Wilson was hired that he was being paid more than her.
The Equal Pay Act is governed by a two-year statute of limitations that extends backward from the date on which suit is filed, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action
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Case 8:99-cv-02218-RAL Document 44 Filed 05/08/2001 Page 3 of 3
accrued. 29 U.S.C. § 255. At this juncture, it appears that a reasonable fact-finder could conclude that the decision to pay Wilson more than Zechella did not constitute a willful violation ofthe Equal Pay Act. Such a finding could eliminate Equal Pay Act liability altogether and would undoubtedly limit Zechella's damages to those that accrued after September 29, 1997. Finally, to the extent that Plaintiff seeks relief on a theory that Zechella was retaliated against for complaining about discriminatory pay, Plaintiff has not sufficiently demonstrated that it satisfied all conditions precedent to bringing such a claim. In particular, Plaintiffhas not shown that it investigated Zechella's allegations, issued a cause finding on the allegations, or gave Defendant an opportunity to conciliate the allegations.
ACCORDINGLY, it is ORDERED: That Plaintiffs Motion for Partial Summary Judgment (Dkt. 42) is denied. DONE AND ORDERED at Tampa, Florida, on May 7, 2001.
COPIES FURNISHED TO:
Counsel ofRecord
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 </s> Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 1 of 15

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

oi ", .
;.. ~D~LT·AUNi:P" AI-..ifleLrOR/~lLCOCRLI'nOAT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

CASE NO: 8:99-cv-2218-T-26MSS

OUTBACK STEAKHOUSE, INC.,

Defendant.

----------------------------~/
ORDER

This cause comes before the Court on Defendant's Motion for Summary Judgment

and supporting memorandum of law (Dkt. 41) and appendix of supporting exhibits (Dkt.

39). Also before the Court are Intervenor's Response to the Motion for Summary

Judgment (Dkt. 45) and supporting exhibits (Dkt. 47-51) and Plaintiffs Response to the

Motion for Summary Judgment. (Dkt.55)

In February, 1995, Intervenor, Dena Zechella ("Zechella"), was hired to work for

Defendant, Outback Steakhouse Inc. ("Outback"), at its headquarters in Tampa, Florida.

Zechella's initial salary was $19,000.00. Zechella served as a site development assistant

to Jamie Butler ("Butler"), who was Outback's Site Development Manager. Butler

reported to Steve Stanley ("Stanley"), who was the head of Outback's Construction

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 2 of 15
Department. During the first two years of her employment, Zechella's duties included ordering reports, transmitting bid packages to engineers, filing, typing, using a spreadsheet to track the progress of various contractors in fulfilling their commitments to Outback, and other duties assigned by Butler. By November 1996, Zechella was earning an annual salary of $24,000.00.
On November 12, 1996, Steve Wilson ("Wilson") was hired by Outback to work at its headquarters. Wilson had played center for the Tampa Bay Buccaneers football team between 1976 and 1987. After his professional football career ended, he had been active in the Tampa community. Wilson had worked as a commercial real estate broker and had owned a water softener company that had done business with Outback. In 1994, Wilson was involved in a fatal automobile accident while he was intoxicated and ultimately he was convicted and incarcerated.
Prior to his conviction, Wilson had become acquainted with Florida State Senator John Grant ("Grant") through a Bible study group. When it came time for Wilson to be transferred to a work release program, Grant asked Outback's CEO, Chris Sullivan ("Sullivan"), if Outback would be willing to employ Wilson during the work release program. After speaking with the other Outback officers, Sullivan agreed to hire Wilson. On November 12, 1996, Wilson arrived at Outback for his first day of work. He met with Sullivan, who offered to pay him an annual salary of $40,000.00 and then sent him to meet Stanley to determine how he could assist the Construction Department.
Upon joining the Construction Department, Wilson reported to Stanley. Wilson's
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 3 of 15
duties included helping Zechella with her job responsibilities, working on a lobster steamer project, working on water softener issues, and serving as a liaison to the Real Estate Department. By late 1997, Wilson had taken over full responsibility for installation of signage at Outback restaurants. As Wilson became more knowledgeable about the Department, more ofZechella's work was given to him. Zechella felt that she was being pushed out of her job. Meanwhile, Zechella had begun to focus her sights on getting promoted to a different position. She began to complain that there would not be enough work for both her and Wilson. However, Zechella never stopped giving work to Wilson.
In September 1997, Zechella was transferred to the position of Construction Coordinator. In this new position, Zechella reported to Tim Martin ("Martin") and David Chriss ("Chriss"), the Construction Department's two project managers, and kept some responsibilities with Butler. Zechella's annual salary was increased to $26,460.00. Zechella grew unhappy with the new position, as it involved answering telephones and filing drawings prepared by Martin and Chriss. Zechella felt that the position was actually a demotion, despite the fact that she had received increased pay. Zechella contacted Rick Beach ("Beach"), the Project Manager for Carraba's, Outback's sister company, to inquire about obtaining a job with him. Zechella updated her resume and sent it out to prospective employers.
In early 1998, Zechella attended a lunch meeting with Kelly Braun ("Braun"), one of Outback's in-house attorneys. Zechella allegedly told Braun that she was unhappy,
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 4 of 15
that she felt she was being pushed out of her job, and that she wanted a recommendation for a lawyer to represent her against Outback. Braun suggested that Zechella meet with Sullivan. Soon after, Butler met with Zechella and allegedly advised her that her job performance had deteriorated and told her that he could not allow her performance to continue on the same course. Zechella allegedly told Butler that there was not enough work to sustain positions for herself and Wilson. She also allegedly advised Butler of her intention to meet with Sullivan. Butler allegedly warned Zechella not to go to Sullivan and added that if Sullivan could not help her find something new within the company, he would not be able to justify keeping her. In April 1998, Zechella met with Sullivan and discussed her unhappiness with her current job. Zechella gave Sullivan her resume and he told her that he would see what he could do to help her. Ultimately, Sullivan was unable to find a position suitable for Zechella and Butler terminated her on April 21, 1998.
Before the decision to terminate Zechella was announced, Stanley expressed a desire to pay Zechella two weeks' severance. Outback customarily pays severance only in exchange for a release of claims signed by the employee. Butler gave Zechella a release form along with two checks, her severance pay and her final paycheck. When presented with the release, Zechella sought advice on the meaning of some of the terms included therein from Braun. Braun explained to Zechella that the effect of the release would be to prevent her from suing Outback and Zechella decided not to sign the release.
Zechella filed a charge alleging sex discrimination with the EEOC on June 9,
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 5 of 15
1998. The EEOC filed suit against Outback on Zechella's behalf in this Court on October 1, 1999. Zechella sought leave to intervene on December 23, 1999, and the Court granted leave to intervene on December 28, 1999, subject to the restriction that Zechella could not intervene in the Equal Pay Act Claim. Zechella later sought leave to amend to add a retaliation claim based on her alleged complaints to her supervisors about unlawful employment practices. The Court granted leave to amend.
The EEOC sues Outback for violations of Title VII and the Equal Pay Act. Specifically, Plaintiff maintains that Defendant: (1) paid female employee Dena Zechella ("Zechella") lower wages than those paid to male employees performing the same or substantially equal work; (2) transferred and subsequently discharged Zechella because of her sex; (3) attempted to coerce Zechella into signing an unlawful release of her rights; and (4) retaliated against Zechella for her refusal to sign the release. Zechella sues Outback for violation of Title VII, including retaliation with respect to the terms and conditions of her employment, the release, and her discharge, and disparate treatment with respect to the terms and conditions of her employment, her pay, and her discharge.
Summary Jud&ment Standard
Summary judgment is appropriate where there is no genuine issue of material fact. Fed.R.Civ.P.56(c). Where the record taken as a whole could not lead a rational trier of fact to fmd for the nonmoving party, there is no genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Com., 475 U.S. 574 (1986) (citation omitted). On a motion for summary judgment, the court must review the record, and all its inferences, in the
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 6 of 15
light most favorable to the nonmoving party. United States v. Diebold. Inc., 369 U.S. 654,655 (1962).
Equal Pay Act "To establish a prima facie case under the Equal Pay Act of 1963, a complainant must show that an employer pays different wages to employees of opposite sexes 'for equal work on the jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. '" Miranda v. B & B Cash Grocery Store, 975 F. 2d 1518, 1532 (11th Cir. 1992) (citing Coming Glass Works v. Brennan, 417 U.S. 195 (1974». "The jobs held by the employees of opposite sexes need not be identical; rather they need only be substantially similar." Id. at 1533. "The prima facie case also focuses solely on the primary duties of each job, not duties that are incidental or insubstantial." Id. "It is important to bear in mind that the prima facie case is made out by comparing the jobs held by the female and male employees and showing that these jobs are substantially equal, not by comparing the skills and qualifications of the individual employees holding those jobs." Glenn v~ General Motors, 841 F.2d 1567, 1569 (11 th Cir. 1988). Once a plaintiff makes out a prima facie case, the burden shifts to the employer to prove that the difference in pay is justified by one of the four exceptions in the Equal Pay Act: "(i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality ofproduction; or (iv) a differential based on any other factor other than sex." Coming Glass Works v. Brennan, 417 U.S. 188, 196 (1974) (quoting 29 U.S.C 106(d)(l».
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 7 of 15
A review of the record reveals that Zechella and Wilson both performed site development responsibilities. While Zechella was still employed with Outback, Wilson claimed to have additional responsibilities. However, his equipment duty did not last long because steamers were folded into the equipment package sold by another department. (See Wilson Deposition, p. 129,1. 23-25, p. 130,1. 1-8.) Also, the water treatment work never became more than a small percentage of his job. (See id. at 78, 1. 14-17. See also Deposition of Sharon Jenkins, p. 156, 1. 3-15; Zechella Deposition, p. 109,1. 15-19.) Though Outback considered making Wilson a liaison between construction and real estate, the assignment never materialized. (See Wilson Deposition, p. 59, 1. 1-9.) Defendant also contends that by late 1997 the bulk of Wilson's time was devoted to signage; however, Wilson testified that he had not assumed all of his signage responsibilities until three or four months into 1998. (See id. at 69,1. 9-20.) Zechella was terminated April 21, 1998. Because Wilson's additional duties do not appear to have been primary duties, this Court finds that a genuine issue of fact is in dispute as to whether the jobs are substantially similar for purposes of the EPA.
Defendant asserts the fourth exception, that the pay differential was based on a factor other than sex, as its affrrmative defense to the EEOC's EPA claim. The Eleventh Circuit Court of Appeals narrowly construed this defense in Glenn v. General Motors, 841 F.2d 1567 (11 th Cir. 1988):
The legislative history thus indicates that the "factor other than sex" exception applies when the disparity results from unique characteristics of the same job; from an individual's experience, training, or ability; or from
-7-

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 8 of 15
special exigent circumstances connected with the business. 841 F.2d at 1571. Defendant contends that the factors accounting for the disparity were: (1) Outback's wish to show compassion for Wilson and his family as he tried to redeem his life from a terrible error in judgment; (2) Outback's desire to respond to an appeal from a member of the community on Wilson's behalf; (3) Outback's desire to help someone who had been a former business partner and an active member of the community. These factors do not appear to be business related. Further, Sullivan conceded that the $40,000.00 salary paid to Wilson was subjective inasmuch as it was based upon how much the man needed to support his family. (See Sullivan Deposition, p. 63,1. 12-13.) At this juncture, Defendant has not met its heavy burden of showing that the factor of sex provided no basis for the wage differential. See Passmore v. Kindercare Learning Centers. Inc., 979 F.Supp. 1413, 1420 (M.D. Ala. 1997)(citing Irby v. Bittick, 44 F.3d 949,954 (lIth Cir. 1995). The Court finds that Defendant's Motion for Summary Judgment must fail as to the EEOC's EPA claim.
Title VII Title VII prohibits employers from discriminating against an individual in "the terms, conditions, or privileges of employment" because of that person's sex. 42 U.S.C. § 2000e-2(a)(l). "The Plaintiff establishes a prima facie case of sex discrimination under Title VII by demonstrating that she is female and that the job she occupied was similar to higher paying jobs occupied by males." Miranda, 975 F.2d at 1529. "Under the
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 9 of 15
disparate treatment approach of Title VII, however, there is a relaxed standard of similarity between male and female occupied jobs ...." Id. at 1527. "Clearly, if plaintiff makes a prima facie case under the EPA, she simultaneously establishes facts necessary to go forward on a Title VII claim." Mulhall v. Advance Security, Inc., 19 F.3d 586,598 (11 th Cir. 1994). The Court previously determined that a genuine issue exists as to whether Zechella and Wilson's job responsibilities were similar for purposes of satisfying the EPA. Likewise, the Court finds that a genuine issue exists as to whether the relaxed standards of Title VII have been met.
Defendant has the burden of production in rebutting the prima facie case with a legitimate non-discriminatory motive, i.e., showing that the disparity in wages was not based on sex. See Miranda, 975 F. 2d at 1529. Sullivan's explanation for the pay differential is that it was based on how much Wilson needed to support his family. At this time, the Court is not convinced that Defendant has adequately rebutted the prima facie case with a legitimate, nondiscriminatory motive. "In forbidding employers to discriminate against individuals because of their sex, Congress intended to strike at the entire spectrum of disparate treatment of men and women resulting from stereotypes." See id. at 1528.
Defendant also attempts to legitimize the salary disparity by asserting that the salaries were decided by different decisionmakers, both of whom lacked knowledge of the disparity. However, the testimony of Sullivan reveals that Stanley was involved in the decision to hire Wilson and in a discussion of Wilson's salary. The record also
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Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 10 of 15
demonstrates that Stanley set Zechella's salary. Further, the record shows that between September 1996, and November 1996, Stanley signed off on merit pay increases for Zechella and Wilson. (See EEOC's Exs. 1 & 2.) For all of the foregoing reasons, the Court finds that Defendant's Motion for Summary Judgment should be denied as it relates to the Title VII disparate treatment claims.
To establish a prima facie case of unfavorable transfer, one must show (1) that she was a member of a protected class; (2) that she was qualified for the job; (3) that she suffered an adverse employment action; and (4) that she was replaced by someone outside the protected class. Hinson v. Clinch County. Georgia Board of Education, 231 F.3d 821,828 (lIth Cir. 2000). A transfer to a different position can be adverse ifit involves a reduction in pay, prestige, or responsibility. Id. at 829. However, it is not necessary to prove a reduction in pay for an adverse transfer case if either a reduction of prestige or responsibilities is present. See Hinson, 231 F.3d at 828-29. Courts have found that it is job responsibilities, not job title, that are the controlling factor. See Miranda, 975 F.2d at 1532. The test is whether a reasonable person in the plaintiffs position would view the transfer as adverse. Id.
In September 1997, Zechella was transferred to the position of Construction Coordinator. In this new position, Zechella reported to Tim Martin and David Chriss, the Construction Department's two project managers, and kept some responsibilities with Butler. Zechella's annual salary was increased to $26,460.00. Zechella apparently grew unhappy with the new position, as it involved answering telephones and filing drawings
-10-

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 11 of 15
prepared by Martin and Chriss. Zechella felt that the position had turned out to be a demotion, despite the fact that she had received increased pay. The record reveals that Zechella's previous position had allowed for increasing responsibilities and discretion. A transfer involving the loss of independence creates a genuine issue of fact as to whether the new job offered less prestige and responsibility. Id. The EEOC submits that a reasonable person in Zechella's shoes would view the transfer as adverse, or alternatively there is a genuine issue of fact in dispute on this issue. The Court agrees.
To establish a prima facie case of retaliation, a plaintiff must show that (I) she engaged in a statutorily protected expression; (2) she suffered an adverse employment action; and (3) there is some causal connection between the two events. Holifield v. Reno, 115 F.3d 1555, 1566 (11 th Cir. 1997). To recover for retaliation, the plaintiff "need not prove the underlying claim of discrimination which led to her protest," so long as she had a reasonable good faith belief that the discrimination existed. Meeks v. Computer Assocs. Intern., 15 F.3d 1013, 1021 (lIth Cir. 1994) (citation omitted). The EEOC and Zechella assert that the first element ofthe prima facie case was met by Zechella's statements to Braun, Butler, and Sullivan. The Court fmds that at a minimum a genuine issue of fact exists as to this issue. An employee who is perceived to have engaged in protected activity when she did not actually take such action is still protected as if the employee had voiced a complaint or filed a charge alleging an improper practice. See San Bernardino Public Employee's Ass'n v. Stout, 946 F.Supp. 790 (C.D. Cal. 1996). The second element of retaliation, an adverse action, would certainly be fulfilled by
-11-

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 12 of 15
Outback's termination ofZechella. In order to establish the third element, the causal link, a plaintiff must generally establish that the employer was actually aware of the protected expression at the time it took the adverse employment action. Goldsmith v. City of Atmore, 996 F.2d 1155, 1163 (11th Cir. 1993). Defendant's awareness of the protected statement may be established by circumstantial evidence. Id. Further, evidence of awareness combined with proximity in time between the protected activity and the adverse action are proof of a causal link. Id. at 1163-64. In light ofZechella's discussions with Braun, Butler, and Sullivan and the timing ofthose statements in relation to her discharge, the Court finds that a genuine issue exists as to whether there is a prima facie case for retaliation. Finally, Outback has explained, as its basis for Zechella's discharge, that Zechella was unhappy and Outback had nowhere to grow. At this point, it appears that there is at least a genuine issue as to whether this explanation is a pretext for discrimination.
The EEOC also alleges, in its retaliation claim, that Outback used or attempted to use an illegal release in violation of Title VII. The EEOC asserts that the release offered to Zechella was illegal because it asked Zechella to agree (1) not to file a charge of discrimination and (2) not to participate in an EEOC investigation. The record shows that when Butler discharged Zechella, he showed her the release and presented two checks on the table, her severance pay and her last pay check. When Zechella stated that she would like to show the release to a lawyer, Butler took back both checks. Zechella ultimately received her last pay check from Outback after she demanded it. In making its
-12-

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 13 of 15
argument for retaliation, the EEOC cites to EEOC Enforcement Guidance, Order No. 915.002 (April 10, 1997), which states that:
Agreements that attempt to bar individuals from filing a charge or assisting in a Commission investigation fun afoul of the anti-retaliation provisions because they impose a penalty upon those who are entitled to engage in protected activity under one or more of the statutes enforced by the Commission. By their very existence such agreements have a chilling effect on the willingness and ability of individuals to come forward with information that may be of critical import to the Commission as it seeks to advance the public interest in the elimination of unlawful employment discrimination. The Eleventh Circuit recently held that "it is axiomatic that the EEOC's interpretation of Title VII, for which it has primary enforcement responsibility ... need only be reasonable to be entitled to deference." Equal Employment Opportunity Comm'n v. W & 0 d/b/a The Rustic Inn, 213 F.3d 600,613 (11th Cir. 2000) (citing EEOC v. Commercial Office Prods. Co., 486 U.S. 107, 116 (1988». The EEOC's position that waivers seeking to bar the right to file a charge or participate in an investigation hinder the EEOC's ability to enforce its statutes is reasonable. Thus, it appears at this point a genuine issue exists as to whether Outback's release illegally attempts to bar Zechella and other similarly situated employees from filing charges or participating in EEOC investigations. ACCORDINGLY, it is ORDERED: That Defendant's Motion for Summary Judgment (Dkt. 41) is denied.
-13-

Case 8:99-cv-02218-RAL Document 56 Filed 07/10/2001 Page 14 of 15
DONE AND ORDERED at Tampa, Flori ,on
COPIES FURNISHED TO:
Counsel of Record
-14-

Case 8:99-cv-02218-RAL Date Printed: 07/10/2001

DFocIumLenEt 56 COFiPledY07/10/2001

Page 15 of 15

Notice sent to:

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Kevin D. Johnson, Esq.
Thompson, Sizemore & Gonzalez,
109 N. Brush St., Suite 200
P.O. Box 639 Tampa, FL 33601-0639

P.A.

Ryan Christopher Rodems, Esq. Barker, Rodems & Cook, P.A. 300 W. Platt St., Suite 150
Tampa, FL 33606

 </s> Case 8:99-cv-02218-RAL Document 103 Filed 09/18/2001 Page 1 of 5

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

and DENA ZECHELLA,

)

)

Intervenor,

)

v.

)

)

OUTBACK STEAKHOUSE, INC.,

)

)

Defendant.

)

) Jt.ly-~

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EQUAL PAY ACT

CIVIL ACTION NO. 8:99-cv-2218-T-26MSS

1. Do you find that Dena Zechella and a member or members of the opposite sex have been employed by the Defendant injobs requiring equal skill, effort and responsibility, and which were performed under similar working conditions?

/ yes

no

If your answer to Question 1 is "yes", then answer the next question.

1(a). Do you find that the factor ofsex played any part in the difference in wages between Ms. Zechella and a member or members of the opposite sex doing equal work?

~es ___ no

Title VII- Disparate Treatment- Wa2es
2. Do you find that Dena Zechella and a member or members of the opposite sex have been employed by Defendant in similar jobs?
1 yes ___ no

Case 8:99-cv-02218-RAL Document 103 Filed 09/18/2001 Page 2 of 5

If your answer to Question 2 is "yes", then answer the next question.

2(a).

Do you find that Ms. Zechella's sex was a motivating factor in Outback's

decision to pay her less than a member or members of the opposite sex?

.00 ___ yes

Title VlI- Unfavorable Transfer

3. Do you find that Outback subjected Dena Zechella to an unfavorable job transfer?

___ yes

/no

If your answer to Question 3 is "yes", then answer the next question.

3(a).

Do you find that Ms. Zechella's sex was a motivating factor in Outback's

decision to transfer her?

___ yes _ _ _ no

Title VII- Disparate Treatment- Termination
4. Do you find that Ms. Zechella's sex was a motivating factor in Outback's decision to terminate her?
___ yes

Title VII- Disparate Treatment- Terms and Conditions
5. Do you find that Outback SUbjected Dena Zechella to less favorable terms and conditions of employment than males?
/Yes _ _ _ no

Page 2 of 5

Case 8:99-cv-02218-RAL Document 103 Filed 09/18/2001 Page 3 of 5

If your answer to Question 5 is "yes", then answer the next question.

5(a). Do you find that Ms. Zechella's sex was a motivating factor in Outback sUbjecting her to less favorable terms and conditions of employment than males?

~

no

Title VII- Retaliation
6. Do you find that retaliation was a motivating factor in Outback's decision to terminate Dena Zechella?
~ ___ no

If your answer to Question l(a) is "yes," then answer the next question.

7.

What is the difference in earnings between Dena Zechella and Steve Wilson that Ms.

Zechella is entitled to because of Defendant's discriminatory conduct from

September 30, 1997 through the date of Ms. Zechella's termination?

If your answer to Question 2(a) is "yes," then answer the next question.

8.

What is the difference in earnings between Dena Zechella and Steve Wilson

that Ms. Zechella is entitled to because of Defendant's discriminatory

conduct from the date of Mr. Wilson's hire through the date of Ms.

Zechella's termination?

$ JIlt-

If your answer to Question 4 OR 6 is ''yes,'' then answer the next question.

9.

What amount of back pay is Dena Zechella entitled to because of Defendant's

discriminatory conduct from the date ofMs. Zechella's termination through the date

of trial?

Page 3 of 5

Case 8:99-cv-02218-RAL Document 103 Filed 09/18/2001 Page 4 of 5

If your answer to Question 2(a) OR 3(a) OR 4 OR 5(a) OR 6 is ''yes,'' then answer the next questions.

10.

What amount of damages, if any, should Dena Zechella be awarded to compensate

her for emotional pain, suffering, mental anguish, inconvenience, loss of enjoyment

of life, or other non-pecuniary losses, caused by the discriminatory conduct?

$ :::0, OCX)Q2.

11.

Do you find that a higher management official (or officials) of the

Defendant acted with malice or reckless indifference to the Plaintiffs

federally protected rights?

6s

no

If you answer to Question 11 is "yes," please answer the next three questions.!

Il(a)

Please identify the official or officials that you find acted with malice or reckless indifference.

11 (b) 11 (c)

What is the appropriate amount of punitive damages, if any, that should be assessed against the Defendant for its conduct toward Dena Zechella?

$~, /00, QOO,~

Do you find that the Defendant made a good faith attempt to comply with the law by adopting policies and procedures designed to prohibit discrimination in the workplace?

_ _ yes

~o

Page 4 of 5

Case 8:99-cv-02218-RAL Document 103 Filed 09/18/2001 Page 5 of 5

li.li::. SO SAY WE ALL THIS

DAY OF SEPTEMBER, 2001.

Page 5 of 5

 </s> Case 8:99-cv-02218-RAL Document 150

Filed 10/24/2001 Page 1 of 4
FILED

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDAn I OCT

TAMPA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff, and

DENA ZECHELLA,

Intervener,

v.

CASE NO: 8:99-cv-2218-T-26MSS

OUTBACK STEAKHOUSE, INC.,

Defendant.
----------------------------,
ORDER

Before the Court is the Plaintiffs Renewed Motion for Judgment as a Matter of

Law on the Issue of the Illegality of Defendant's Release (Dkt. 115) and the Defendant's

Response (Dkt. 149). After carefully considering the submissions of the parties and the

trial transcript, the Court concludes that the motion must be denied.

As the Defendant correctly contends, the relief requested by the Plaintiff - a

determination that the release offered to the Intervenor by the Defendant is illegal -

cannot be made in a vacuum. Such a determination must be made within the context of

the specific legislative authority conferred on the Plaintiff in Title VII by Congress.

Congress has spoken clearly on this issue - the Plaintiff is only entitled to sue an

employer for engaging in unlawful employment practices when such practices take the

Case 8:99-cv-02218-RAL Document 150 Filed 10/24/2001 Page 2 of 4
form of discrimination or retaliation. See 42 U.S.C. § 2000e-5(a). Thus, it is not enough for the Plaintiff to establish that the release is per se illegal. Rather, the Plaintiff must demonstrate that the circumstances surrounding its presentation to the Intervenor constituted an act of discrimination or retaliation. This the Plaintiff has failed to do.
After searching the record, the Court can find not one scintilla of evidence that the offer of the release was tied to the Intervenor's sex or was done as an act of retaliation. Furthermore, the record is clear that the Intervenor never signed the release, opting instead to seek legal counsel before doing so. Finally, viewing the evidence and testimony in the light most favorable to the Defendant as the Court must do within the context of a rule 50 motion, the Court agrees with the Defendant's position that the delay occasioned in the Intervenor's receipt of her final paycheck could have reasonably "resulted from a miscommunication between Zechella and Butler; namely, the fact that Butler expected Zechella, after talking with Outback's attorney, to return and pick up her checks, which she never did." Thus, it is just as reasonable to conclude that the failure to give the Intervenor her final paycheck was the result of a mistake as opposed to an act of retaliation.
ACCORDINGLY, because the Plaintiff has failed to establish a nexus between the release at issue and the unlawful unemployment practices of discrimination or retaliation, the Renewed Motion for Judgment as a Matter of Law (Dkt. 115) is denied.
-2-

Case 8:99-cv-02218-RAL Document 150 Filed 10/24/2001 Page 3 of 4 DONE AND ORDERED at Tampa, Florida, on October 24,2001.
COPIES FURNISHED TO:
Counsel of Record
-3-

Case 8:99-cv-02218-RAL Date Printed: 10/25/2001

DFocIumLenEt 150COFPiledY10/24/2001

Page 4 of 4

Notice sent to:

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower
2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Rachel H. Shonfield, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Kevin D. Johnson, Esq. Thompson, Sizemore & Gonzalez, 109 N. Brush St., Suite 200 P.O. Box 639
Tampa, FL 33601-0639

P.A.

Ryan Christopher Rodems, Esq. Barker, Rodems & Cook, P.A. 300 W. Platt St., Suite 150 Tampa, FL 33606

Daniel Joy, Esq. Law Office of Daniel Joy 785 SouthTrust Bank Plaza 1800 2nd St. Sarasota, FL 34236

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and DENA ZECHELLA,

)

)

Intervener,

)

v.

)

)

OUTBACK STEAKHOUSE, INC.

)

)

)

)

Defendant.

)

)

CIVIL ACTION NO. 8:99-cv-2218-T -26MSS

" , , ~-, ' -,

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POSTJUDGMENT CONSENT DECREE

On September 29, 1999, the United States Equal Employment Opportunity Commission

brought this action against Outback Steakhouse, Inc. ("Outback',), filed under the Equal Pay Act of

1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII). This Court granted Dena

Zechella's Motion to Intervene on December 28, 1999. On September 18, 2001, the jury returned

a verdict finding liability on the EPA claim, the Title VII tenns and conditions claim, and the Title

VII retaliation claim. Outback appealed the judgment entered on the verdict. This Consent Decree

is being entered by mutual consent ofthe parties for the purpose ofsettlement of all claims brought

or which could have been brought under this lawsuit. It is understood and agreed that this Consent

Decree shall not be construed as an admission by Defendant ofany violation ofTitle VII or the EPA.

In consideration of their mutual promises, the EEOC and the Defendant agree as follows:

1. This Court has jurisdiction of the subject matter of this action and the parties.

2. Venue is proper.

SCANNED

3. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its
ti
tenns or the right of the EEOC to seek the Court's enforcement of the Decree upon Defendant's noncompliance with any of the tenns of this Decree. 4. This Decree shall apply only to the headquarters location of Outback Steakhouse, Inc. and Outback Steakhouse ofFlorida, Inc., in Tampa, Florida. This Decree shall not be construed to extend to any Outback location other than Outback Steakhouse, Inc. and Outback Steakhouse of Florida, Inc., headquarters in Tampa, Florida. 5. The terms of this Consent Decree shall be binding upon any successors, assigns or trustees of the parties. 6. Defendant, its officers, managers, employees, agents and partners, are enjoined for the duration ofthe Consent Decree from engaging in any unlawful employment practices based on sex. 7. Defendant, its officers, managers, employees, agents and partners, are enjoined for the duration ofthe Consent Decree from unlawfully discriminating against any individual who opposes any of Defendant's practices which the employee believes to be a violation of the EPA or Title VII; or who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
Ie Distribution of Equal Employment Opportunity (EEO) Policies Within 45 days after entry of the Consent Decree and no later than April 1, 2003, Defendant shall hand deliver to all personnel at its Headquarters location: (1) the discrimination policy attached as Exhibit A; (2) an 8 x 12 excerpt of the portion of its "Equal Employment Opportunity is the Law"
2

'-
poster addressing EEOC's laws, attached as Exhibit B; and (3) a cover letter from Chris Sullivan, CEO, attached as Exhibit C. Exhibits A, B, and C shall be hand-delivered to Headquarters personnel no later than June 30 annually for the duration of this Consent Decree.
II. Trainin& on Anti-Discrimination Laws Every two years, Defendant's officers, department heads, and the person in charge of Employee Relations, shall attend a four hour training seminar conducted by a law firm specializing in labor and employment law, which will include both (1) explanations ofTitle VII and the Equal Pay Act and their respective prohibitions of discrimination based on sex in compensation or any other term or condition of employment and (2) explanations of the prohibitions against retaliation for opposing discrimination or participating in investigations ofdiscrimination. Defendant agrees to provide the EEOC with at least two weeks notice before it conducts its training sessions. Within thirty days after the start date of any new officer, department head, or person in charge of Employee Relations, Defendant will provide the agreed upon training in a videotaped format, with a knowledgeable trainer available to answer questions. The Defendant will provide its next live training no later than June 30, 2004. Defendant will bear all costs incident to the trainings.
III. Postin& Defendant agrees within 45 days from the date ofexecution ofthis Consent Decree, but no later than April 1,2003, to post a laminated copy ofthe notice, attached hereto as Exhibit A, on bulletin boards in Outback's headquarters location, where other employee infonnation is commonly displayed. Defendant shall also post its "Equal Employment Opportunity is the Law" poster, attached hereto as Exhibit B, in Outback's headquarters location, where other employee information is commonly displayed. The postings shall be at least 14 x 17 inches, with 15 point font lettering.
3

IV. Waivers or Releases Will Not Be Sou&ht Which Foreclose Applicants or Employees From Pursuine Claims of Employment Discrimination Defendant agrees to refrain from using any release or waiver agreement that requires an individual to waive his or her protected right to file a charge of discrimination or to participate in an investigation with the EEOC, the Florida Commission on Human Relations, or any other local, state, or federal agency which enforces laws prohibiting discrimination in employment. However, the Defendant may seek waivers which settle an individual's personal right to monetary or injunctive recovery.
V. Monetary Relief For Dena Zechella A. This Court has previously entered judgment for $346,369.43 plus attorney's fees. The
parties have agreed to resolve all monetary claims in full satisfaction of the amount of the judgment by entry of a separate non-confidential settlement agreement between the Intervener and the Defendant, that identifies the amount to be paid. B. Concurrent with the mailing ofthe monetary reliefto the claimant, Defendant agrees to copy the EEOC on the withholding statements, the checks and the certified return receipt or other proof of delivery.
VI. Monitorine and ReportiD& A. The Defendant shall submit written reports to the Commission every six (6) months, but no
later than January 31 and June 30 annually, for the life of this Consent Decree. The final report shall be submitted to the Commission thirty days prior to the expiration ofthe Consent Decree. Each report shall contain: 1. The names, addresses, phone numbers and employment status, inc1udingjob title, of
each individual in the headquarters office, who has reported to any officer,
4

department head or the person in charge of Employee Relations that s/he has been discriminated against based upon sex or retaliation. Defendant will also provide information on any investigation of complaints of discrimination based on sex or retaliation that have been initiated and the results of such investigation. 2. Defendant will certify in writing that its Discrimination and Harassment Policy (Exhibit A) and its "Equal Employment Opportunity is the Law" (Exhibit B) posters have remained posted for the entire preceding six month period. Defendant will also certify that all personnel at its headquarters location have received copies ofthe letter from the CEO, currently Chris Sullivan, or his successor and attachments thereof (Exhibits A, B, C) and had an opportunity to ask any questions regarding the policy. 3. Defendant's General Counsel will certify that Defendant has complied with its agreement to refrain from using waiver or release agreements that purport to waive an individual's protected right to file a charge of discrimination or participate in an EEOC investigation. Each certification shall be accompanied by a blank copy ofany standard release then in use by Defendant. B. Within 30 days after each annual training session, Defendant will provide the EEOC with a list that sets forth the date of the training, the names and job titles of the individuals in attendance at the training session, and copies ofthe training materials. C. Defendant's General Counsel shall act as Defendant's representative for the purpose of coordinating the submission of reports that are required herein. All reports will be mailed to the EEOC, 1 Biscayne Tower, Suite 2700, Miami, FL 33131, and shall be identified by reference number "Legal Unit, Case No. 8:99-cv-2218-T-26MSS." D. In order to monitor compliance with this Decree, the EEOC shall have the opportunity
5

to interview employees who have made complaints under VI.A. 1. Said interviews, if conducted, will occur in a location outside of Defendant's premises.
VII. Duration and Enforcement of the Consent Decree A. The Commission shall have independent authority to seek judicial enforcement of each
aspect, term or provision of this Decree. The Commission will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this Decree. B. This Decree shall remain in effect until March 31, 2006. DONE AND ORDERED in Chambers at Tampa, Florida, this '). rday of March, 2003.
te:L~
United States District Judge
6

Agreed: FOR THE PLAINTIFF: UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
by: ~~~i1!2h~
Delner Franklin-Thomas Regional Attorney EEOC Miami District Office 1 Biscayne Tower 2 S. Biscayne Blvd. Miami, Florida 33131
ELLA by: Ryan sto er dems, Esquire Florida Bar No. 947652 BARKER, RODEMS & COOK, P.A. 300 West Platt Street, Suite 150 Tampa, Florida 33606
FOR THE DEFENDANT:
~?(jL- ~ by:
Kevin D. Johnson, Thompson, Sizemore, & Gonzalez 109 North Brush St. Tampa, FL 33601
7

, .

OUTBACK STEAXBOU8I

.

DIsCRIMINATION AND HARASSME~ POLICY

outback Steakhouse is about do1o.g lbings right. Our goal has always been fa have a fwI. friendly aunospbere in wlllch we all

work togetber to provide hiih-quallty food and service to customers.

For Outback to maintain its tun and friendly atmosphere. however, all OIltbacbrs Dl\lst respect the feelingS of others. OutbaCk wants all Ourbackers to know that wben it comes to discrimination and harQlJ:Dent., Outbackers are expected to follow one very basJc commitment about doiDg things right.

THE COMMITMENT: Ei.ch Outbacker IDost be treated with diinity ~ ~eet.

Gu!delines: Outbaclc do!! not discrim!nata 011 me basis ofrace. color, s~ age, relipon, aadonal origin, marital status, or disability and
will not tole.ace any discr1minatioD or harassmmt by or against its employees.

This policy ipplies to all aspects of employment. including recruitinl, bb:in&, training. working conditions, compensation. pro-
motion. discipline and t.emJiDILUon.

Workil'li conditions become di.Bcrimina~ WMn. employees are subjec:re4 to bmssmenl beca\lse of their race, color, sex. age, re.ligion, national origin. marital &tams or disability. OUTBACK WILL NOT TOLERATE HARASSMENT O¥ ITS EMPLOYEES.

UDw~lcome sexual advances, requests for sexual favors, antI oUler verbal or physical conduct of a.sex.ual nar:ur~ will constitu~

se.xual harassmeQl ..vb.ell:

• Bnrai1Di ill sexual conduct is-an ~xpress or implied condition to III individual's success at work;

• Engliing in or retusfna to ez1,age in sexual conduct is the reasOI1 for Illy employment decisioll'affecting an employee;

• When sexual advances, requestS for sexual favors, or ether verbal or phydc:al coIlduc1 of a sexual nature have the pur-

pose or effect ofunreasoo.able illference with an individual's wotkpedbmwl.ee. TIlls include& circumstances wh~e

such misconduct creates I:1n intimidating, hostile. or offensive warkin"CDv!ronment.

'

No member of the Outback team is above. this policy. It applies to managers aDd employees with e~ force. This policy governs the conduct of Outback employees regardless of where !hat CODduct taJma place.

This policy also applies to barassment by customers. vendors. contract.Drl or oeber penons coming in to the workplace. Outback Will taIce reasonable lteps to protect its employees from IuIraaIDwlt by these pcisons.

ANY EMPLOYEE WHO BELIEVES THAT HE OR SHE HASBEBN HARASSED OR DISCRIMINATED AGAINsT MPST CONTACT ANY ONE OF THE FOLLOWING PDSONS IMMED~TELY:

PROPRIETOR

JOINT VENTURE PARTNER

See Aussie InCo Poster

SERVICE TECH

See 'Aussie Info Poster

AVA FORNEY, EMPLOYEE RELATIONS

(800) 806·1133 Ext 1102

JOE KADOW, V.P. & GENERAL COUNSEL

(800) 806-1133 Ext, 1176

Contact any of the above people with whom you would be man comfortable spealcing.

Outback will swiftly and thoroughly invcstiiate any complaints broUjbt to its attention. ~_gy~:qasonable effort will be made . to maintain. confidentiality during the lnVCStiptiOll of a cbar&c of hll'llll:Dal1t or discrimilIatio,%l.

If Outback. determines that this policy hal been violated. Outback will tab ~ action that is effective and appropriate to the chcuxnstmces. Employees who have nolated this policy will face d1lCipline up to Wld incluc1ing tenDination,
Outback will not tolerate any form of retaliation against any employ= fat maldo.g a good .faicb complaint of harassment or diJcrlmination. A1J.y employee who makes a complaint for malicious or lmpropcr ~aBODS, bowevM', will be subject to discipline. Let's all have fun, but t:rt.at each other with resp!CL
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TO: FROM:
DATE:

All Personnel
Chris Sullivan CEO
April I, 200_

Exhibit C

I wanted to take this opportunity to remind you ofthe important policies on the attached materials. Employees, including managers, who violate these policies will face discipline up to and including termination. Please also be advised that Outback will not tolerate any form of retaliation against any employee for making a good faith complaint of harassment or discrimination.

" " : . $ _ +1'" -",~ .'

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.

Date Printed: 04/03/2003

F I L E COP Y

Notice sent to:
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Rachel H. Shonfield, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
~ Kevin D. Johnson, Esq. Thompson, Sizemore & Gonzalez, P.A. 501 E. Kennedy Blvd., Suite 1400 P.O. Box 639 Tampa, FL 33601
~ Ryan Christopher Rodems, Esq.
Barker, Rodems & Cook, P.A. 300 W. Platt St., Suite 150 Tampa, FL 33606

 </s> Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?961123008511102-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:99-cv-02218-RAL

CLOSED, MSS

EEOC v. Outback Steakhouse Assigned to: Judge Richard A. Lazzara Demand: $0 Case in other court: 01-16640-AA
01-16640A Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/30/1999 Date Terminated: 09/18/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY
Gilbert Carrillo Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com LEAD ATTORNEY
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower

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V. Defendant Outback Steakhouse Of Florida, Inc.

2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY
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
Rachel H. Shonfield Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin D. Johnson Thompson, Sizemore & Gonzalez, P.A. 201 N. Franklin St., Suite 1600 P.O. Box 639 Tampa, FL 33601-0639 813/273-0050 Fax: 813/273-0072 Email: kjohnson@tsg-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Eugene Sizemore Thompson, Sizemore & Gonzalez, P.A. 501 E. Kennedy Blvd., Suite 1400 P.O. Box 639 Tampa, FL 33601 813/273-0050 Email: wsizemore@tsg-law.com LEAD ATTORNEY

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Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?961123008511102-L_3...

Intervenor Defendant Outback Steakhouse Of Florida, Inc.
Intervenor Dena Zechella
V. Interested Party Alpert & Ferrentino, P.A.
V.

represented by Kevin D. Johnson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Eugene Sizemore (See above for address) LEAD ATTORNEY
represented by Jonathan L Alpert The Alpert Law Firm 5920 River Terrace Tampa, FL 33604 813-223-4131 Fax: 813-228-9612 Email: JONALPERT@AOL.COM TERMINATED: 01/19/2001 LEAD ATTORNEY
Ryan Christopher Rodems Barker, Rodems & Cook, P.A. 400 North Ashley Drive, Suite 2100 Tampa, FL 33602 813/489-1001 Fax: 813/489-1008 Email: rodems@barkerrodemsandcook.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Joy George R. McLain, Chartered 1800 Second St., Suite 717 Sarasota, FL 34236 941/365-4174 Fax: 941/366-4741 Email: tlcnickel@yahoo.com TERMINATED: 08/29/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Movant
Dena Zechella TERMINATED: 12/28/1999

represented by Ryan Christopher Rodems (See above for address) TERMINATED: 12/28/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/1999 09/30/1999 09/30/1999 10/04/1999 12/06/1999 12/13/1999 12/23/1999
12/23/1999 12/28/1999
12/28/1999 01/03/2000
01/03/2000 01/05/2000

#

Docket Text

1 COMPLAINT, jury trial demand, and injunctive relief sought filed (jlg) (Entered: 10/01/1999)
SUMMONS(ES) issued for Outback Steakhouse . Consent(s) issued. (jlg) (Entered: 10/01/1999)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mary S. Scriven (jlg) (Entered: 10/01/1999)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jnb) (Entered: 10/04/1999)
3 ANSWER and affirmative defenses to Complaint by Outback Steakhouse (jnb) (Entered: 12/07/1999)
4 AMENDED ANSWER and affirmative defenses to Complaint by Outback Steakhouse: amends [3-1] answer (jnb) (Entered: 12/14/1999)
5 MOTION with memorandum in support to intervene by Dena Zechella Injunctive relief sought, jury trial demanded; proposed complaint in intervention attached. (jnb) (Entered: 12/27/1999)
6 CASE MANAGEMENT REPORT. (jnb) (Entered: 12/27/1999)
7 ORDER granting [5-1] motion to intervene by Dena Zechella. The clerk shall accept for filing the intervenor's complaint in intervention. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/29/1999)
8 Intervenor's COMPLAINT by Dena Zechella against Outback Steakhouse (jnb) (Entered: 12/29/1999)
9 CASE MANAGEMENT AND SCHEDULING ORDER setting Third-Party Joinder deadline 3/17/00; Discovery cutoff 10/13/00; Deadline for filing of motions 12/8/00; Pretrial conference for 2:00 2/22/01; Scheduled for Magistrate Judge Mary S. Scriven; Jury trial set for term commencing 4/2/01 before Judge Richard A. Lazzara (signed by cdc/rjc) ctc (jnb) Modified on 01/04/2000 (Entered: 01/04/2000)
Jury trial set for term commencing 4/2/01 Scheduled for Judge Richard A. Lazzara (jnb) (Entered: 01/04/2000)
10 MOTION by Outback Steakhouse with memorandum in support for clarification of [7-1] order granting intervention , for reconsideration of [7-1] order granting intervention (jnb) Modified on 01/12/2000 (Entered: 01/06/2000)

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01/07/2000
05/12/2000 05/26/2000 06/12/2000 06/15/2000 06/15/2000 07/14/2000 08/16/2000 08/17/2000
12/01/2000 12/05/2000 12/14/2000 12/14/2000

11 ORDER granting [10-1] motion for clarification of [7-1] order granting intervention, granting [10-2] motion for reconsideration of [7-1] order granting intervention. It was the court's intention to allow the plaintiff-intervenor to intervene only in the part of the action brought by the EEOC under Title VII. It is not the court's intention to allow her to intervene as to the claim brought under the Equal Pay Act. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) Modified on 01/13/2000 (Entered: 01/10/2000)
12 MEDIATION REPORT: Voluntary Mediation conference held 5/10/00; Wayne Thomas, mediator; Hearing outcome, Impasse (map) (Entered: 05/12/2000)
13 MOTION by Dena Zechella with memorandum in support for leave to amend [8-1] intervenor complaint Proposed amended intervenor complaint attached. (rm) Modified on 05/30/2000 (Entered: 05/30/2000)
14 RESPONSE by Outback Steakhouse to [13-1] motion for leave to amend [8-1] intervenor complaint (jnb) (Entered: 06/13/2000)
15 ORDER granting [13-1] motion for leave to amend [8-1] intervenor complaint, set answer due for 7/10/00 for Outback Steakhouse for amended complaint ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 06/16/2000)
16 AMENDED INTERVENOR'S COMPLAINT: amending [8-1] intervenor complaint (jnb) (Entered: 06/16/2000)
17 ANSWER and affirmative defenses by Outback Steakhouse to [16-1] amended intervenor complaint (jnb) (Entered: 07/17/2000)
18 MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support (joint) for enlargement of time until 1/15/01 for discovery cutoff , (joint) for enlargement of time for deadline for filing dispositive motions (jnb) (Entered: 08/16/2000)
19 ORDER granting [18-1] motion for enlargement of time until 1/15/01 for discovery cutoff, granting [18-2] motion for enlargement of time for deadline for filing dispositive motions, reset discovery due for 12/15/00 , reset dispositive motion filing deadline for 1/15/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/18/2000)
20 MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support (joint) for enlargement of time until 2/16/01 for discovery cutoff (jnb) (Entered: 12/04/2000)
21 ORDER granting [20-1] motion for enlargement of time until 2/16/01 for discovery cutoff, reset discovery due for 2/16/01 , reset dispositive motion filing deadline for 4/2/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/06/2000)
22 JOINT MOTION by Dena Zechella (joint stipulation) for substitution of counsel (jnb) (Entered: 12/15/2000)
23 NOTICE of lien by Jonathan Alpert, counsel for Dena Zechella(jnb) Modified on 12/15/2000 (Entered: 12/15/2000)

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12/18/2000 01/09/2001 01/18/2001
01/19/2001 01/19/2001 01/23/2001 02/15/2001 03/12/2001 03/13/2001 03/15/2001
03/15/2001 03/15/2001 03/28/2001 03/29/2001 04/13/2001 04/13/2001

24 ORDER granting [22-1] joint motion for substitution of counsel terminated attorney Ryan Christopher Rodems for Dena Zechella; Added Jonathan L. Alpert. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/18/2000)
25 ORDER, set pretrial conference for 9:00 2/22/01 scheduled for Magistrate Judge Mary S. Scriven , set pretrial statement deadline for 2/19/01 ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 01/10/2001)
26 ORDER, reset pretrial conference for 9:30 7/25/01 scheduled for Magistrate Judge Mary S. Scriven , reset pretrial statement deadline for 7/20/01 , reset jury trial for 9/4/01 scheduled for Judge Richard A. Lazzara ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 01/19/2001)
27 MOTION by Dena Zechella with memorandum in support to continue final pretrial conference referred to Magistrate Judge Mary S. Scriven (jnb) (Entered: 01/22/2001)
27 NOTICE by Dena Zechella of change of address for counsel (jnb) (Entered: 01/22/2001)
28 ORDER granting [27-1] motion to continue final pretrial conference ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 01/24/2001)
29 MOTION by EEOC with memorandum in support to compel discovery referred to Magistrate Judge Mary S. Scriven (jnb) (Entered: 02/16/2001)
30 UNOPPOSED MOTION by Outback Steakhouse (unopposed) for enlargement of time to file response to motion to compel ; proposed response attached. (jnb) (Entered: 03/14/2001)
31 ORDER granting [29-1] motion to compel discovery ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/14/2001)
32 ORDER denying [30-1] consent motion for enlargement of time to file response to motion to compel as moot. The clerk shall file the defendant's response for record purposes. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/16/2001)
33 RESPONSE by Outback Steakhouse to [29-1] motion to compel discovery (jnb) (Entered: 03/16/2001)
34 (NOTICE OF FILING) AFFIDAVIT of James Butler by Outback Steakhouse Re: [33-1] motion response; attached. (jnb) (Entered: 03/16/2001)
35 MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support to extend time for filing dispositive motions (jlh) (Entered: 03/28/2001)
ENDORSED ORDER granting [35-1] motion to extend time for filing dispositive motions, reset dispositive motion filing deadline for 4/17/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/29/2001)
36 MOTION by EEOC for partial summary judgment (jnb) (Entered: 04/16/2001)
37 STATEMENT OF MATERIAL FACTS NOT IN DISPUTE by EEOC regarding motion for partial summary judgment [36-1] (jnb) (Entered: 04/16/2001)

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04/17/2001
04/18/2001
04/18/2001
04/18/2001 04/30/2001 05/01/2001
05/03/2001
05/08/2001 05/23/2001 05/23/2001 05/23/2001 05/23/2001 05/23/2001 05/23/2001 05/23/2001 05/25/2001

38 MOTION by Outback Steakhouse with memorandum in support for enlargement of page limits for dispositive motion for summary judgment ; proposed motion for summary judgment attached. (jnb) (Entered: 04/18/2001)
39 NOTICE of filing materials in support of motion for summary judgment by Outback Steakhouse (filed under separate cover) (jnb) Modified on 04/19/2001 (Entered: 04/19/2001)
40 ORDER granting [38-1] motion for enlargement of page limits for dispositive motion for summary judgment ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 04/19/2001)
41 MOTION by Outback Steakhouse with memorandum in support for summary judgment (jnb) (Entered: 04/20/2001)
42 RESPONSE by Outback Steakhouse to [36-1] motion for partial summary judgment (jnb) (Entered: 05/01/2001)
43 MOTION by EEOC, Dena Zechella with memorandum in support (unopposed) for enlargement of time until 5/25/01 to file response to motion for summary judgment (jnb) (Entered: 05/02/2001)
ENDORSED ORDER granting [43-1] motion for enlargement of time until 5/25/01 to file response to motion for summary judgment, response to motion set to 5/25/01 for [41-1] motion for summary judgment by intervenor-defendant by defendant ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/03/2001)
44 ORDER denying [36-1] motion for partial summary judgment ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/09/2001)
45 RESPONSE by Dena Zechella to [41-1] motion for summary judgment (jnb) (Entered: 05/24/2001)
46 NOTICE of filing depositions in support of response to motion for summary judgment by Dena Zechella (jnb) (Entered: 05/24/2001)
47 DEPOSITION of Sharon Jenkins by Dena Zechella re: [45-1] motion response Transcript filed separately. (jnb) (Entered: 05/24/2001)
48 DEPOSITION of David Chriss by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)
49 DEPOSITION of Timothy Gerald Martin by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)
50 DEPOSITION of Steven C. Stanley by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)
51 DEPOSITION of Linda Wolfe by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)
52 MOTION by EEOC with memorandum in support (unopposed) for leave to file response to defendant's motion for summary judgment in excess of the page limitations ; proposed response attached. (jnb) (Entered: 05/29/2001)

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05/25/2001 05/30/2001
05/30/2001 07/10/2001 07/12/2001
07/12/2001 07/16/2001
07/16/2001 08/02/2001 08/07/2001
08/09/2001
08/10/2001
08/20/2001 08/20/2001 08/20/2001 08/20/2001

53 STATEMENT OF MATERIAL FACTS which are in dispute by EEOC (jnb) (Entered: 05/29/2001)
54 ORDER granting [52-1] motion for leave to file response to defendant's motion for summary judgment in excess of the page limitations ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/31/2001)
55 RESPONSE by EEOC to [41-1] motion for summary judgment (jnb) (Entered: 06/01/2001)
56 ORDER denying [41-1] motion for summary judgment. See order for details. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 07/10/2001)
57 ORDER, reset pretrial conference for 10:00 8/7/01; scheduled for Magistrate Judge Mary S. Scriven , reset joint pretrial statement deadline for 8/2/01 ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 07/13/2001)
58 NOTICE by EEOC of unavailability of counsel from 9/16/01 to 9/30/01 due to the Jewish High Holidays (jnb) (Entered: 07/13/2001)
59 ORDER that plaintiff's counsel shall have available another attorney to try this case in the event it is called for trial during the periods when the plaintiff's lead trial attorney is unavailable. ( Signed by Judge Richard A. Lazzara ) ctc (jlh) (Entered: 07/16/2001)
60 NOTICE of attorney appearance for EEOC by Rachel H. Shonfield (jnb) (Entered: 07/17/2001)
61 JOINT PRETRIAL STIPULATION. (jnb) (Entered: 08/03/2001)
62 PRETRIAL CONFERENCE held on 8/7/01 before Magistrate Judge Mary S. Scriven. Estimated 3 days jury trial. Tape: 74/634-2644. (jnb) (Entered: 08/08/2001)
63 ORDER directing that motions in limine be timely filed and directing compliance with Local Rule 3/01(g). See order for details. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/09/2001)
64 TRIAL CALENDAR scheduled for Judge Richard A. Lazzara; Jury trial deadline for term commencing 9/4/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/13/2001)
65 MOTION by EEOC in limine to exclude introduction of prejudicial handwritten damages estimate, not authored by the charging party (jnb) (Entered: 08/21/2001)
66 MOTION by Dena Zechella with memorandum in support in limine regarding defendant's exhibit 69 (jnb) (Entered: 08/21/2001)
67 AFFIDAVIT of Dena Zechella by Dena Zechella Re: [66-1] motion in limine regarding defendant's exhibit 69 (jnb) (Entered: 08/21/2001)
68 MOTION by Outback Steakhouse with memorandum in support in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants (jnb) (Entered: 08/21/2001)

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08/22/2001 08/22/2001
08/27/2001 08/28/2001 08/29/2001
08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/29/2001

69 ORDER granting motion to computer equipment for use at trial for attorney Rachel Shonfield. ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 08/23/2001)
70 ORDER denying without prejudice [68-1] motion in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants, denying without prejudice [66-1] motion in limine regarding defendant's exhibit 69, denying without prejudice [65-1] motion in limine to exclude introduction of prejudicial handwritten damages estimate, not authored by the charging party to be renewed at the appropriate time during the course of trial. reset jury trial for date certain 9:00 9/10/01; scheduled for Judge Richard A. Lazzara ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/23/2001)
71 RESPONSE by Dena Zechella to [68-1] motion in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants (jnb) (Entered: 08/28/2001)
72 CONCISE JOINT STATEMENT of the nature of the action by Dena Zechella (jnb) (Entered: 08/28/2001)
73 PRETRIAL ORDER filed. All motions in limine shall be filed by 8/20/01 and responses shall be filed by 8/27/01. set jury trial for date certain 9/10/01; scheduled for Judge Richard A. Lazzara See order for details. ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 08/29/2001)
74 TRIAL BRIEF by Dena Zechella (jnb) (Entered: 08/30/2001)
75 PROPOSED voir dire questions by Dena Zechella (jnb) (Entered: 08/30/2001)
76 PLAINTIFF'S AND INTERVENOR'S NOTICE of filing jury instructions and verdict form by Dena Zechella (jnb) (Entered: 08/30/2001)
77 PROPOSED jury instructions by EEOC, Dena Zechella (jnb) (Entered: 08/30/2001)
77 PROPOSED verdict form filed by EEOC, Dena Zechella (jnb) (Entered: 08/30/2001)
78 (NOTICE OF ADOPTION) JOINDER in [77-1] instructions jury, [77-1] form proposed verdict by Dena Zechella (jnb) (Entered: 08/30/2001)
79 MOTION by EEOC with memorandum in support (unopposed) to enlarge the page limit for EEOC's trial brief ; proposed trial brief attached. (jnb) (Entered: 08/30/2001)
80 PROPOSED voir dire questions by EEOC (jnb) (Entered: 08/30/2001)
81 TRIAL BRIEF by Outback Steakhouse (jnb) (Entered: 08/30/2001)
82 PROPOSED voir dire questions by Outback Steakhouse (jnb) (Entered: 08/30/2001)
83 (REQUEST TO CHARGE) PROPOSED jury instructions by Outback Steakhouse (jnb) (Entered: 08/30/2001)

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08/30/2001 08/30/2001 09/11/2001
09/11/2001
09/12/2001
09/13/2001
09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/18/2001
09/18/2001 09/18/2001

84 ORDER granting [79-1] motion to enlarge the page limit for EEOC's trial brief ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/31/2001)
85 TRIAL BRIEF by EEOC (jnb) (Entered: 09/06/2001)
86 JURY TRIAL, day 1, held on 9/10/01 before Judge Richard A. Lazzara. Court recessed until 9/11/01 at 9:00. Court reporter: Claudia Spangler-Fry. (jnb) (Entered: 09/12/2001)
87 JURY TRIAL, day 2, held on 9/11/01 before Judge Richard A. Lazzara. Court recessed until 9/12/01 at 9:00. Court reporter: Claudia Spangler-Fry. (jnb) (Entered: 09/12/2001)
88 JURY TRIAL, day 3, held on 9/12/01 before Judge Richard A. Lazzara. Court recessed until 9/13/01 at 9:30. Court reporter Claudia Spangler-Fry. (jnb) (Entered: 09/13/2001)
89 JURY TRIAL held on 9/13/01 before Judge Richard A. Lazzara. Court recessed until 9/14/01 at 12:00. Court reporter Claudia Spangler-Fry (jnb) (Entered: 09/17/2001)
90 WITNESS LIST by plaintiff EEOC (filed in open court) (jnb) Modified on 09/18/2001 (Entered: 09/18/2001)
91 EXHIBIT LIST by plaintiff EEOC (filed in open court) (jnb) (Entered: 09/18/2001)
92 EXHIBIT LIST by defendant Outback Steakhouse (filed in open court) (jnb) (Entered: 09/18/2001)
93 WITNESS LIST by defendant Outback Steakhouse (filed in open court) (jnb) (Entered: 09/18/2001)
94 AMENDED PROPOSED jury instructions (request to charge) by Outback Steakhouse (filed in open court). (jnb) (Entered: 09/18/2001)
95 WITNESS LIST by intervenor Dena Zechella (filed in open court). (jnb) (Entered: 09/18/2001)
96 EXHIBIT LIST by intervenor Dena Zechella (filed in open court) (jnb) (Entered: 09/18/2001)
97 MOTION by Outback Steakhouse (request) for modification of verdict form . (jnb) (Entered: 09/18/2001)
98 JURY TRIAL held on 9/17/01 before Judge Richard A. Lazzara; case goes to jurors for deliberations. Jurors recess until 9/18/01 at 9:00. Court reporter Claudia Spangler-Fry. (jnb) (Entered: 09/18/2001)
99 NOTICE of exhibits placed in the exhibit room (1 folder) (jlh) (Entered: 09/18/2001)
100 JURY TRIAL held on 9/18/01 before Judge Richard A. Lazzara. Jury verdict in favor of plaintiff for $27,108.28 for difference in earnings, $36,894.61 in back pay, $50,000.00 for pain and suffering, $2,100,000.00 for punitive damages. Pursuant to 42 U.S.C. Section 1981a(b)(3)(D) the total amount of punitive

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09/18/2001 09/18/2001 09/18/2001 09/18/2001
09/18/2001 09/28/2001 09/28/2001
09/28/2001
10/01/2001
10/02/2001 10/02/2001 10/02/2001
10/02/2001 10/02/2001 10/02/2001 10/02/2001 10/02/2001

damages a person can recover is $300,000.00. The clerk shall enter judgment against Outback in the total amount of $364,002.89. Court reporter Claudia Spangler-Fry (jnb) (Entered: 09/19/2001)
101 COURT'S EXHIBIT LIST (jnb) (Entered: 09/19/2001)
102 COURT'S JURY INSTRUCTIONS (jnb) (Entered: 09/19/2001)
103 JURY VERDICT for Dena Zechella (jnb) (Entered: 09/19/2001)
104 JUDGMENT for Dena Zechella against Outback Steakhouse in the amount of $364,002.89 for which sum let execution issue. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (jnb) (Entered: 09/19/2001)
CASE CLOSED. (jnb) (Entered: 09/19/2001)
105 MOTION by Dena Zechella for an award of attorney fees , for an award of costs (jnb) (Entered: 10/01/2001)
106 MEMORANDUM by Dena Zechella in support of [105-1] motion for an award of attorney fees, [105-2] motion for an award of costs. (jnb) (Entered: 10/01/2001)
107 AFFIDAVIT of Ryan Christopher Rodems by Dena Zechella Re: [105-1] motion for an award of attorney fees, [105-2] motion for an award of costs. (jnb) (Entered: 10/01/2001)
108 MOTION by Outback Steakhouse with memorandum in support (emergency unopposed) for enlargement of page limits for Rule 50 motion , (emergency unopposed) for enlargement of page limits for new trial (jnb) (Entered: 10/03/2001)
109 TRANSCRIPT of trial, volume 1, held on 9/10/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/03/2001)
110 TRANSCRIPT of trial, volume 2, held on 9/11/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/03/2001)
111 TRANSCRIPT of trial, volume 3, held on 9/12/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) Modified on 10/09/2001 (Entered: 10/03/2001)
112 TRANSCRIPT of trial, volume 4, held on 9/13/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/03/2001)
113 TRANSCRIPT of trial, volume 5, held on 9/17/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/03/2001)
114 TRANSCRIPT of trial, volume 6, held on 9/18/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/03/2001)
115 MOTION by EEOC (renewed) for judgment as a matter of law on the issue of the illegality of defendant's release (jnb) (Entered: 10/03/2001)
116 NOTICE of filing affidavit of hours and costs by the law firm of Alpert & Ferrentino, P.A. former counsel for Dena Zechella. (jnb) (Entered: 10/03/2001)

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10/02/2001
10/02/2001 10/02/2001 10/02/2001
10/02/2001 10/02/2001 10/02/2001 10/03/2001 10/04/2001
10/04/2001 10/04/2001 10/04/2001 10/04/2001 10/09/2001
10/09/2001 10/10/2001
10/10/2001

117 AFFIDAVIT of Michael Arenas by Alpert & Ferrentino, P.A. former counsel for Dena Zechella Re: [105-1] motion for an award of attorney fees, [105-2] motion for an award of costs. (jnb) (Entered: 10/03/2001)
118 UNOPPOSED MOTION by EEOC (unopposed) to tax costs (jnb) (Entered: 10/03/2001)
119 MEMORANDUM by EEOC in support of [118-1] consent motion to tax costs (jnb) (Entered: 10/03/2001)
120 ORDER granting [108-1] motion for enlargement of page limits for Rule 50 motion, granting [108-2] motion for enlargement of page limits for new trial ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/03/2001)
121 MOTION by Outback Steakhouse with memorandum in support for new trial (jnb) (Entered: 10/03/2001)
122 MOTION by Outback Steakhouse with memorandum in support for judgment as a matter of law (jnb) (Entered: 10/03/2001)
123 APPENDIX by Outback Steakhouse to [121-1] motion for new trial, [122-1] motion for judgment as a matter of law. (jnb) (Entered: 10/03/2001)
124 NOTICE of claim of lien by Alpert & Ferrentino (jnb) (Entered: 10/04/2001)
125 ORDER granting [118-1] consent motion to tax costs. Costs in the sum of $3,717.86 are taxed against the defendant and in favor of the plaintiff. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/05/2001)
126 MOTION by Outback Steakhouse with memorandum in support to alter or amend judgment [104-1] judgment order (jnb) (Entered: 10/05/2001)
127 NOTICE of filing corrected post-trial motions by Outback Steakhouse (jnb) (Entered: 10/09/2001)
128 CORRECTED MOTION amending [121-1] motion (corrected) for new trial by Outback Steakhouse (jnb) (Entered: 10/09/2001)
129 CORRECTED MOTION amending [122-1] motion (corrected) for judgment as a matter of law by Outback Steakhouse (jnb) (Entered: 10/09/2001)
130 ORDER denying [126-1] motion to alter or amend judgment [104-1] judgment order. The plaintiff and intervenor shall respond to the defendant's alternative request for relief under Rule 60. The court defers ruling on the alternative request for relief pending the responses from the intervenor and the plaintiff. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/10/2001)
131 TRANSCRIPT of pretrial conference held on 8/7/01 before Judge Mary S. Scriven. Transcript filed separately. (jnb) (Entered: 10/10/2001)
132 ORDER denying as moot [121-1] motion for new trial, denying as moot [122-1] motion for judgment as a matter of law ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/10/2001)
133 NOTICE of filing transcript excerpts in support of post-trial motions by Outback Steakhouse; excerpts filed under separate cover. (jnb) (Entered: 10/11/2001)

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10/11/2001
10/12/2001
10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/15/2001 10/17/2001
10/17/2001

134 MOTION by EEOC, Dena Zechella with memorandum in support (emergency) for enlargement of time until 10/31/01 to respond to defendant's postjudgment motions , (emergency unopposed) for leave to file responses to defendant's motions in excess of the page limits (jnb) (Entered: 10/11/2001)
135 ORDER granting [134-1] motion for enlargement of time until 10/31/01 to respond to defendant's postjudgment motions, granting [134-2] motion for leave to file responses to defendant's motions in excess of the page limits, response to motion set to 10/31/01 for [129-1] amended motion for judgment as a matter of law by intervenor-defendant set to 10/31/01 for [128-1] amended motion for new trial by intervenor-defendant ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/12/2001)
136 MOTION by Dena Zechella for leave to supplement motion for attorneys' fees ; proposed declaration attached. (jnb) Modified on 10/15/2001 (Entered: 10/15/2001)
137 RESPONSE by Dena Zechella to [126-1] motion to alter or amend judgment [104-1] judgment order. (jnb) (Entered: 10/15/2001)
138 COMBINED RESPONSE by Dena Zechella to [129-1] corrected motion for judgment as a matter of law, [128-1] corrected motion for new trial. (jnb) (Entered: 10/15/2001)
139 NOTICE of filing trial transcripts by Dena Zechella. (jnb) (Entered: 10/15/2001)
140 TRANSCRIPT of trial, volume 1, held on 9/10/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
141 TRANSCRIPT of trial, volume 2, held on 9/11/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
142 TRANSCRIPT of trial, volume 3, held on 9/12/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
143 TRANSCRIPT of trial, volume 4, held on 9/13/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
144 TRANSCRIPT of trial, volume 5, held on 9/17/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
145 TRANSCRIPT of trial, volume 6, held on 9/18/01 before Judge Richard A. Lazzara. Transcript filed separately. (jnb) (Entered: 10/15/2001)
146 RESPONSE by Outback Steakhouse to [105-1] motion for an award of attorney fees, [105-2] motion for an award of. (jnb) (Entered: 10/15/2001)
147 ORDER granting [136-1] motion for leave to supplement motion for attorneys' fees. The court shall accept for filing the declaration of Ryan Christopher Rodems which accompanied the motion. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/18/2001)
148 AFFIDAVIT (DECLARATION) of Ryan Christopher Rodems by Dena Zechella Re: [105-1] motion for an award of attorney fees, [105-2] motion for an award of costs. (jnb) (Entered: 10/18/2001)

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10/18/2001 10/24/2001 10/24/2001 10/24/2001 10/24/2001
10/25/2001
10/25/2001 10/26/2001 10/26/2001 10/31/2001 11/02/2001 11/20/2001
11/21/2001

149 RESPONSE by Outback Steakhouse to [115-1] motion for judgment as a matter of law on the issue of the illegality of defendant's release. (jnb) (Entered: 10/19/2001)
150 ORDER denying [115-1] motion for judgment as a matter of law on the issue of the illegality of defendant's release ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/25/2001)
151 ORDER denying [128-1] amended motion for new trial ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/25/2001)
152 ORDER denying [129-1] amended motion for judgment as a matter of law ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/25/2001)
153 ORDER granting [126-1] motion to alter or amend judgment [104-1] judgment order. The clerk is directed to enter an amended judgment in the sum of $346,369.43. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/25/2001)
154 ORDER granting [105-1] motion for an award of attorney fees to the intervenor in the amount of $84,750.00; granting [105-2] motion for an award of costs to the intervenor in the amount of 5,751.38. The clerk is directed to enter judgment for the intervenor in the sum of $90,501.38. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 10/26/2001)
155 SUPPLEMENTAL DECLARATION by Dena Zechella to [148-1] affidavit of Ryan Christopher Rodems in support of motion for an award of reasonable attorneys' fees, expenses and costs. (jnb) (Entered: 10/26/2001)
156 AMENDED JUDGMENT for Dena Zechella against Outback Steakhouse in the amount of $346,369.43. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (jnb) (Entered: 10/26/2001)
157 JUDGMENT for Dena Zechella in the amount of $90,501.38. Civil appeals checklist mailed. ( signed by Deputy Clerk ) (jnb) (Entered: 10/26/2001)
158 MOTION by Dena Zechella with memorandum in support to alter or amend judgment [157-1] , or, in the alternative, for attorney fees or costs for attorney's fees incurred prior to 12/1/00 . (jnb) (Entered: 11/01/2001)
159 ORDER denying [158-1] motion to alter or amend judgment [157-1], denying [158-2] motion for attorney fees or costs for attorney's fees incurred prior to 12/1/00 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 11/05/2001)
160 NOTICE OF APPEAL by Outback Steakhouse re: [157-1] judgment order, [156-1] judgment order, [152-1] order, [151-1] order, [150-1] order. Filing fee $105.00; Receipt #T012962. Transcript information form due 12/4/01 ctc (jlg) Modified on 11/21/2001 (Entered: 11/21/2001)
TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable, re: [160-1] appeal. Transcript information form sent. (jlg) (Entered: 11/21/2001)

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11/29/2001 11/30/2001 12/03/2001 12/04/2001 12/11/2001 12/17/2001 12/17/2001
12/17/2001 12/19/2001
12/21/2001 12/27/2001
01/09/2002
01/11/2002 01/15/2002

161 POST-TRIAL MOTION by EEOC with memorandum in support for injunctive relief . (jnb) (Entered: 11/30/2001)
162 TRANSCRIPT INFORMATION FORM filed re: [160-1] appeal; transcript not requested; Certificate of readiness due 12/14/01; USCA # has not been received. (mrh) (Entered: 12/03/2001)
163 ORDER denying without prejudice [161-1] motion for injunctive relief to being renewed following the termination of the appeal in the event the 11th Circuit affirms. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/04/2001)
NOTICE assigning 11th Circuit case number re: [160-1] appeal The initial appeal package was received by the USCA on 11/27/01. USCA case #: 01-16640A (dlg) (Entered: 12/04/2001)
164 NOTICE by Outback Steakhouse of change of address for counsel. (jnb) (Entered: 12/12/2001)
165 NOTICE of filing supersedeas bond by Outback Steakhouse. (jnb) (Entered: 12/19/2001)
166 BOND (SUPERSEDEAS) posted by Outback Steakhouse in the amount of $ 452,008.00 held by Traveler's Casualty and Surety Company of America. (Returned to defendant's counsel, pursuant to Court's [184-1] endorsed order granting motion for release of supersedeas bond) ) (jnb) Modified on 04/07/2003 (Entered: 12/19/2001)
167 MOTION by Outback Steakhouse with memorandum in support for approval of supersedeas bond , to stay of enforcement . (jnb) (Entered: 12/19/2001)
168 ORDER granting [167-1] motion for approval of supersedeas bond, granting [167-2] motion to stay of enforcement. The defendant's proffered bond in the sum of $452,008.00 is accepted. The court stays enforcement of its judgments pending the outcome of the appeal. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/19/2001)
169 NOTICE OF APPEAL by EEOC re: [152-1] order, [156-1] judgment order; Transcript information form due 1/4/02 ctc (plk) (Entered: 12/27/2001)
TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable, re: [169-1] appeal. Transcript information form sent. (plk) (Entered: 12/27/2001)
170 TRANSCRIPT INFORMATION FORM filed re: [169-1] appeal; transcripts of trial proceedings held on 9/10/01-9/18/01 requested; Court reporter (Claudia Spangler-Fry) acknowledgment due 1/23/02. USCA # 01-16640-A (crs) (Entered: 01/10/2002)
171 NOTIFICATION that transcripts have been filed by court reporter Claudia Spangler-Fry re: [169-1] appeal. Certificate of readiness due 1/25/02. USCA # 01-16640-A (crs) (Entered: 01/14/2002)
NOTICE dated 1/2/02 assigning 11th Circuit case number re: [169-1] appeal. Appeal number assigned: USCA case #: 01-16640-AA (crs) (Entered:

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01/22/2002 02/01/2002 04/29/2002 05/07/2002 05/09/2002
05/10/2002 05/10/2002 05/13/2002 07/12/2002 08/20/2002 08/21/2002 08/22/2002

01/16/2002)
172 CERTIFICATE of readiness with certified copies of indexed district court docket sheet sent to USCA re: [160-1] appeal, [169-1] appeal (ROA consists of: Volume pleadings: 4; Volume transcripts: 13; Volume exhibits: 4 folders (3 documentary, 1 trial;) USCA# 01-16640-A (crs) (Entered: 01/22/2002)
ACKNOWLEDGMENT by USCA of receiving certificate of readiness on 1/25/02 re: [160-1] appeal, [169-1] appeal. USCA # 01-16640-AA (crs) (Entered: 02/04/2002)
173 ORDER (USCA) dismissing [160-1] appeal, dismissing [169-1] cross appeal for lack of jurisdiction. The appellee-cross appellant's motion to dismiss appeal is granted. Issued in lieu of the mandate: 4/26/02. USCA # 01-16640-AA (crs) (Entered: 04/29/2002)
174 MOTION by Dena Zechella with memorandum in support for injunctive relief (jnb) (Entered: 05/08/2002)
175 ORDER. The parties are directed to engage in good faith mediation with the Honorable Mary S. Scriven at a date, time, and place to be scheduled by Judge Scriven; deferring [174-1] motion for injunctive relief pending the outcome of the mediation process; the defendant is relieved of the obligation to respond to the motion pending outcome of the mediation process. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/10/2002)
176 NOTICE of filing motion for injunctive relief pursuant to the 11th Circuit Court of Appeals remand by EEOC (jnb) (Entered: 05/13/2002)
177 MOTION by EEOC with memorandum in support for injunctive relief (jnb) (Entered: 05/13/2002)
178 ORDER deferring [177-1] motion for injunctive relief pending the outcome of the mediation process previously ordered by this court. The defendant is relieved of the obligation to respond to the motion pending the outcome of the mediation process. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/14/2002)
179 ORDER, set mediation conference for 9:00 9/13/02 before Magistrate Judge Mary S. Scriven . The parties are directed to submit their respective mediation to Judge Scriven's chambers by 9/6/02. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 07/15/2002)
180 JOINT STIPULATION by EEOC, Outback Steakhouse, Dena Zechella (joint stipulation) to continue mediation scheduling until 9/20/02 at 9:30 (jnb) (Entered: 08/21/2002)
181 ORDER, reset mediation conference for 9:30 9/20/02 . The parties shall submit their mediation to Judge Scriven's chambers by 9/13/02. ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 08/22/2002)
ENDORSED ORDER granting [180-1] joint motion to continue mediation scheduling until 9/20/02 at 9:30, reset mediation conference for 9:30 9/20/02 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/23/2002)

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Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?961123008511102-L_3...

08/29/2002 03/24/2003 03/25/2003 04/03/2003 04/04/2003 08/10/2005
01/09/2006 08/29/2006

182 NOTICE of excusal of counsel from case by Daniel Joy, attorney for Alpert & Ferrentino and request for removal from certificate of service. (jnb) (Entered: 09/03/2002)
183 POST-JUDGMENT CONSENT DECREE by EEOC, Dena Zechella, Outback Steakhouse. (eec) Modified on 03/24/2003 (Entered: 03/24/2003)
ENDORSED ORDER granting [183-1] decree consent. ( Signed by Judge Richard A. Lazzara ) ctc (eec) (Entered: 04/03/2003)
184 UNOPPOSED MOTION by Outback Steakhouse with supporting memorandum of law (unopposed) for release of supersedeas bond (ag) (Entered: 04/04/2003)
ENDORSED ORDER granting [184-1] unopposed motion for release of supersedeas bond. (Signed by Judge Richard A. Lazzara), ctc (ag) (Entered: 04/07/2003)
185 EXHIBIT RETURN TO PLAINTIFF AND INTERVENOR COUNSEL ONLY.The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings.Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days to contact the Clerk's Office to arrange for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (jlh, ) (Entered: 08/10/2005)
186 CLERK'S certificate of destruction of exhibits and/or exhibit substitutes (Plaintiff and defendant) (jlh, ) (Entered: 01/09/2006)
187 CLERK'S certificate of destruction of Court's exhibits and/or exhibit substitutes (jlh, ) (Entered: 08/29/2006)

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 </s> US Court of Appeals for the Eleventh Circuit

http://pacer.ca11.uscourts.gov/CHMSDKTP.FWX
United States Court of Appeals for the Eleventh Circuit
56 Forsyth Street, N.W. Atlanta, GA 30303-2289
(404) 335-6100

01-16640-AA EEOC v. Outback Steakhouse of Florida, Inc.

Closed
Docket #: 01-16640-AA Short Style: EEOC v. Outback Steakhouse of Florida, Inc. Docket Date: 11/27/2001 Lead Case:
Agency: Nature of Suit: Civil Rights: Employment
Misc. Type: Clerk: Brown, Shirley M.
Clerk Phone: (404) 335-6170

District Information

Docket #: 99-02218-CV-T-26MSS Judge: Richard A. Lazzara

Dkt Date: 09/30/1999

District: Florida-Middle

NOA Date: 11/20/2001

Office: MFL-Tampa

Secondary Case Information

Docket #: Judge: Dkt Date: / /
Case Relationships

Docket #

Short Style

Relation Status

02-10076-AA EEOC v. Outback Steakhouse of Florida, Inc. Cross

Closed

Pending Motions
No Pending Motions

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US Court of Appeals for the Eleventh Circuit

http://pacer.ca11.uscourts.gov/CHMSDKTP.FWX
United States Court of Appeals for the Eleventh Circuit
56 Forsyth Street, N.W. Atlanta, GA 30303-2289
(404) 335-6100

01-16640-AA EEOC v. Outback Steakhouse of Florida, Inc.
DENA ZECHELLA,
IntervenorMovant-Appellee,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff-Appellee, Cross-Appellant,
versus
OUTBACK STEAKHOUSE OF FLORIDA, INC.,
Defendant-Appellant, Cross-Appellee.

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US Court of Appeals for the Eleventh Circuit

http://pacer.ca11.uscourts.gov/CHMSDKTP.FWX
United States Court OF Appeals FOR the Eleventh Circuit
56 Forsyth Street, N.W. Atlanta, GA 30303-2289
(404) 335-6100

01-16640-AA EEOC v. Outback Steakhouse of Florida, Inc.

Appellant Outback Steakhouse of Florida, Inc. Address Not On File Appellant Brief Filed filed on 01.23.2002 Record Excerpts filed on 01.23.2002 Fees: Paid on 11.20.2001
Appellee Equal Employment Opportunity Commission Address Not On File
Dena Zechella Address Not On File

Appellant Attorney
William E. Sizemore Thompson, Sizemore & Gonzalez, P.A. 501 E KENNEDY BLVD STE 1400 TAMPA, FL 33602-5246 813-273-0050 No Briefing Information Found.
Kevin David Johnson Thompson, Sizemore & Gonzalez, P.A. 201 N FRANKLIN ST STE 1600 TAMPA, FL 33602-5182 (813) 273-0050 Fax: (813) 273-0072 kjohnson@tsg-law.com No Briefing Information Found.
Mairen C. Kelly Fisher & Phillips 945 E PACES FERRY RD NE STE 1500 ATLANTA, GA 30326-1372 (404) 231-1400 mkeely@laborlawyers.com No Briefing Information Found.
Appellee Attorney
Jennifer S. Goldstein 1801 L ST NW WASHINGTON, DC 20507-0001 (202) 663-4733 No Briefing Information Found.
William John Cook Barker, Rodems & Cook P.A. 400 N ASHLEY DR STE 2100 TAMPA, FL 33602-4350 (813) 489-1001 Fax: (813) 489-1008 wcook@barkerrodemsandcook.com

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US Court of Appeals for the Eleventh Circuit

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No Briefing Information Found.
Ryan Christopher Rodems Barker, Rodems & Cook PA 300 W PLATT ST STE 150 TAMPA, FL 33606-2299 (813) 489-1001 rodems@barkerrodemsandcook.com No Briefing Information Found.

Initial Service
Gilbert Carrillo U.S. Equal Employment OpportunityCommission One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, FL 33131-
Rachel Shonfield 2 S BISCAYNE BLVD STE 2700 MIAMI, FL 33131-1811 305/530-6003
C. Gregory Stewart 2 S. Biscayne Blvd. Suite 2700 Miami, FL 33131-
Michael J. Farrell 2 S. Biscayne Blvd. Suite 2700 Miami, FL 33131-
Gwendolyn Y. Reams 2 S. Biscayne Blvd. Suite 2700 Miami, FL 33131(305) 530-6010
Delner Franklin-Thomas 2 S BISCAYNE BLVD STE 2700 MIAMI, FL 33131-1811 (305) 530-6010
Daniel Joy Law Office of Daniel Joy 1800 Second Street, Suite 785 Sarasota, FL 34236 941-373-9990 lawoff.joy@verizon.com

United States Court of Appeals
for the Eleventh Circuit
56 Forsyth Street, N.W. Atlanta, GA 30303-2289
(404) 335-6100

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US Court of Appeals for the Eleventh Circuit

http://pacer.ca11.uscourts.gov/CHMSDKTP.FWX

01-16640-AA EEOC v. Outback Steakhouse of Florida, Inc.

File Date

Entry

Party

Pending

11/20/2001

Fee Status: Inc.

Paid

(11/20/01)

for

Outback

Steakhouse

of

Florida,

Outback Steakhouse of Florida, Inc.

No

DKT7CIV (Docketing 7) issued. cc: Loesch, Sheryl L. cc:

11/29/2001

Carrillo, Gilbert To: Shonfield, Rachel cc: Stewart, C. Gregory cc: Farrell, Michael J. cc: Reams, Gwendolyn Y. cc: Sizemore,

No

William E. cc: Johnson, Kevin David

11/29/2001 Briefing Notice Issued

No

12/04/2001 Probable Jurisdiction Noted

No

12/13/2001 Appearance Form Submitted: Kevin David Johnson

Kevin David Johnson

No

12/13/2001 Appearance Form Submitted: Mairen C. Kelly

Mairen C. Kelly No

12/13/2001 Appearance Form Submitted: William E. Sizemore

William E. Sizemore

No

12/13/2001

Civil Appeal Florida, Inc.,

Statement

Form:

Appellant-Outback

Steakhouse

of

Outback Steakhouse of Florida, Inc.

No

12/26/2001 Appearance Form Submitted: Jenifer S. Goldstein

Jennifer S. Goldstein

No

12/26/2001 Appearance Form Submitted: Ryan Christopher Rodems

Ryan Christopher Rodems

No

12/26/2001 Appearance Form Submitted: William John Cook

William John Cook

No

01/07/2002

Motion for Extension to File Appellant Brief: Appellant-Outback Steakhouse of Florida, Inc., (Atty: William E. Sizemore)

Outback Steakhouse of Florida, Inc.

No

01/08/2002

Notice of filing: Appellant-Outback Steakhouse (Atty: William E. Sizemore)- affidavit of Kevin

of Florida, Inc., D. Johnson

Outback Steakhouse of Florida, Inc.

No

Appellant's motion for an extension of time, to and including

01/10/2002 January 22, 2002, to file their brief and record excerpts is

No

GRANTED. RLA(j)

MOT2 (Motion - Court Action) issued. cc: Sizemore, William E.

01/10/2002

cc: Johnson, Kevin David cc: Kelly, Mairen C. cc: Carrillo, Gilbert cc: Shonfield, Rachel cc: Stewart, C. Gregory cc: Farrell,

No

Michael J. cc: Reams, Gwendolyn Y.

DKT1 (Docketing - Abbreviated Notice) issued. cc: Sizemore,

01/14/2002

William E. cc: Johnson, Kevin David cc: Kelly, Mairen C. cc: Loesch, Sheryl L. To: Carrillo, Gilbert cc: Shonfield, Rachel cc:

No

Stewart, C. Gregory cc: Farrell, Michael J. cc: Reams,

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US Court of Appeals for the Eleventh Circuit

http://pacer.ca11.uscourts.gov/CHMSDKTP.FWX

Gwendolyn Y+

Civil Appeal Statement Form: Appellee-Cross Appellant- Equal 01/17/2002 Employment Opportunity Commission, (Atty: Jenifer S.
Goldstein)

Equal Employment Opportunity Commission

No

01/23/2002

Appellant's Brief Filed: Appellant-Outback Florida, Inc., (Atty: William E. Sizemore)

Steakhouse

of

Outback Steakhouse of No Florida, Inc.

01/23/2002

Record Excerpts: Appellant-Outback (Atty: William E. Sizemore)

Steakhouse

of

Florida,

Inc.,

Outback Steakhouse of Florida, Inc.

No

01/28/2002 Certificate of Readiness

No

01/29/2002 Probable Jurisdiction Noted-cross appeal

No

Motion to Dismiss Appeal for Lack of Jurisdiction:

Equal

02/22/2002

Appellee-Equal Employment Opportunity Commission, (Atty: Jenifer S. Goldstein)- GRANTED- See Juris.Section ORDER of

Employment Opportunity

No

4/26/02

Commission

03/06/2002

WRAP-1 David

(Wrappers

w/

addresses)

issued.

To:

Johnson,

Kevin

No

03/08/2002

Response to Motion to Dismiss: Appellant-Outback of Florida, Inc., (Atty: William E. Sizemore)

Steakhouse

Outback Steakhouse of Florida, Inc.

No

04/01/2002

Motion to Stay Briefing: Appellee-Equal Employment Opportunity Commission, (Atty: Jenifer S. Goldstein)

Equal

Employment Opportunity

No

Commission

Motion to Supplement the Record: Appellee-Zechella, Dena 04/08/2002 (Atty: William John Cook)- DENIED AS MOOT- See Juris.
Section Order of 4/26/02

Dena Zechella No

Motion to Stay Briefing: Appellee-Equal Employment

04/09/2002

Opportunity Commission, pending disposition of dismiss is GRANTED. Brief due 15 days from

motion

to

No

disposition(SFB)(j)

MOT2 (Motion - Court Action) issued. cc: Sizemore, William E.

cc: Johnson, Kevin David cc: Kelly, Mairen C. cc: Cook,

04/09/2002 William John cc: Goldstein, Jenifer S. cc: Rodems, Ryan

No

Christopher cc: Carrillo, Gilbert cc: Shonfield, Rachel cc:

Stewart, C. Gregory+

DIS-4 (Dismissal 4 Letter) issued. cc: Sizemore, William E. cc:

04/26/2002

Johnson, Kevin David cc: Kelly, Mairen C. cc: Cook, William John cc: Goldstein, Jenifer S. cc: Rodems, Ryan Christopher To:

No

Loesch, Sheryl L. cc: Carrillo, Gilbert cc: Shonfield, Rachel cc:+

ORDER: Appellee-cross-appellant's motion to dismiss the

04/26/2002 appeal is GRANTED....All pending motions are DENIED AS

No

MOOT. JFD/RB/CRW(j)

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US Court of Appeals for the Eleventh Circuit

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04/26/2002 CASE CLOSED

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 </s> JURY FINDS OUTBACK STEAKHOUSE GUILTY OF SEX DISCR...

http://www.eeoc.gov/press/9-19-01.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Wednesday, September 19, 2001

Contact: Delner Franklin-Thomas (813) 228-2310 (305) 530-6001 Federico Costales (305) 530-6060
TTY: (305) 536-5721

JURY FINDS OUTBACK STEAKHOUSE GUILTY OF SEX DISCRIMINATION AND ILLEGAL RETALIATION; AWARDS VICTIM $2.2
MILLION

TAMPA, Fla. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that a jury in the U.S. District Court for the Middle District of Florida awarded $2.2 million to Dena Zechella, a former employee of Outback Steakhouse. The jury found that Outback paid Zechella - a female - considerably less than a similarly situated male employee who performed the same job duties. The jury also found that Outback had subjected Zechella to different terms and conditions of employment because of her sex and terminated her in retaliation for having complained about the discriminatory treatment.
The jury awarded Zechella $64,000 in back wages, $50,000 in compensatory damages for her emotional pain and suffering, and $2.1 million in punitive damages after concluding that Outback had acted with malice and reckless indifference to Zechella's federally protected rights.
Outback hired Zechella in February of 1995 as a Site Development Assistant for the company's Construction Department located in Tampa, Fla. As the company's chain of restaurants began to grow, so did Zechella's job responsibilities; Outback charged Zechella with responsibility for assisting the Construction Department with the acquisition and development of approximately 100 new restaurant sites each year.
In November 1996, Outback hired a male - with no background or experience in the construction industry - to perform the same job functions as Zechella. After Zechella had personally trained the new male employee to perform in the job, Outback transferred almost all of Zechella's primary job functions to him. When Zechella complained, Outback transferred her to a clerical position.
Zechella later realized that Outback hired the male employee whom she had trained at almost twice her salary. When Zechella complained again, Outback's CEO promised to resolve the situation by the time she returned from vacation. When Zechella returned from vacation, however, Outback summarily terminated her employment. The company also refused to give Zechella her last paycheck until she signed a release. Zechella refused to sign the release and, instead, filed her charge with the EEOC.
"The jury's decision and award in this case reaffirm the principle that gender-based pay discrimination and unlawful retaliation in the workplace cannot be tolerated," said EEOC Chair Cari Dominguez. "EEOC is firmly committed to continued vigorous enforcement of the federal civil rights laws. I urge all employers to take proactive steps to evaluate their employment policies and practices and to eliminate any and all barriers in the workplace that deprive women of the freedom to compete in the workplace and to achieve their fullest potential."
"The EEOC is pleased with the jury's decision," said Delner Franklin-Thomas, Regional Attorney for the EEOC's Miami District Office, which litigated the case. "The $2.2 million jury verdict sends a strong message to Outback and all employers nationally that loyalty to the Old Boys Club' cannot serve to justify employment decisions which favor males at the expense of female employees," she said.
Miami District Director Federico Costales commented that "the EEOC takes a very strong stance against employers who retaliate against their employees for exercising their right to complain of discrimination. Ms. Zechella's termination violated the very cornerstone of the Act the individual's right to seek redress of employment disputes through the EEOC."
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin; the Age Discrimination in Employment Act, which prohibits discrimination against individuals 40 years of age and older; sections of the Civil Rights Act of 1991; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local government; and the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities in federal government employment. More information about the Commission is available on the agency's Web site at www.eeoc.gov.

This page was last modified on September 20, 2001.

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[CONTENT] Miami District | EEOC | Outback Steakhouse | Florida, Inc. | September 30, 1999 | the U.S. District Court | the Middle District | Florida ||| EEOC | Outback | the Equal Pay Act | 1963 | Title VII ||| December 1999 | Title VII | EEOC ||| September 10, 2001 ||| Eight days later | 27,108.28 | 36,894.61 | 50,000 | 2,100,000.00 ||| 42 | U.S.C. | 1981a(b)(3)(D | 364,002.89 ||| 346,369.43 ||| 90,501.38 |||  ||| EEOC ||| two |||  ||| EEOC [SUMMARY] The Miami District office of the EEOC filed suit against Outback Steakhouse of Florida, Inc. on September 30, 1999 in the U.S. District Court in the Middle District of Florida.  The EEOC claimed that Outback violated Title VII and the Equal Pay Act of 1963 when it discriminated against the intervenor employee based on sex (female), paid her less money than her male counterparts, transferred her based on retaliation, attempted to force her to sign an illegal release concerning her rights under Title VII, and ultimately fired her for not signing the release.  The intervenor intervened in December 1999 citing the same Title VII issues found in the EEOC's brief.  After both sides filed motions for summary judgment, which were denied, the case went to trial on September 10, 2001.  Eight days later, the jury returned a verdict for the plaintiff, awarding the plaintiff $27,108.28 in earnings, $36,894.61 in back pay, $50,000 for pain and suffering, and $2,100,000.00 in punitive damages.  However, since punitive damages are capped by 42 U.S.C. s 1981a(b)(3)(D), the total award amounted to $364,002.89.  This award was decreased to $346,369.43 after the court granted the defendant's motion to amend the judgment.  The court also granted the intervenor $90,501.38 in fees.

Outback appealed a number of post-trial motions for a new trial, judgment as a matter of law, and others.  The EEOC cross-appealed and motioned to dismiss the appeal for lack of jurisdiction, which the appellate court granted.  The district court then sent the two parties to post-judgment mediation for injunctive relief and the issues raised in the appellate court.  Ultimately, the court entered a post-judgment consent decree, awarding equitable relief. The defendant was required to conduct training twice a year; submit reports of complaints to the EEOC; post notice of equal employment rights; and refrain from discrimination and retaliation.

