Case: EEOC v. John Q Hammons Hotels, Inc

3:04-cv-22067 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 31, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 31, 2004, the EEOC filed a complaint in the United States District Court for the District of South Carolina under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 on behalf of an aggrieved employee. The EEOC alleged that while working for Defendant, John Q. Hammons Hotels, Inc., the employee was subjected to a hostile work environment because of his race and was retaliated for reporting the behavior. The complaint specifically claimed that Defen…

On August 31, 2004, the EEOC filed a complaint in the United States District Court for the District of South Carolina under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 on behalf of an aggrieved employee. The EEOC alleged that while working for Defendant, John Q. Hammons Hotels, Inc., the employee was subjected to a hostile work environment because of his race and was retaliated for reporting the behavior. The complaint specifically claimed that Defendant took no action in response to racist jokes and derogatory comments made by one of he employee's coworkers, and that Defendant ultimately discharged the employee for complaining. The EEOC sought injunctive and monetary relief.

On October 28, 2004 the District Court (Magistrate Judge Joseph R. McCrorey) granted the employee's motion to intervene as plaintiff. The intervenor-plaintiff then filed a complaint on December 10, 2004, which made the same basic allegations as the original complaint but filled in some additional factual information. The plaintiff-intervenor, a bartender, was subjected to derogatory remarks by the head chef that became progressively worse over a period of two years, especially after he was promoted to a supervisory position. The plaintiff-intervenor also claimed that Defendant engaged in discriminatory practices against the patrons of the facility. After the plaintiff-intervenor complained to management and nothing was done, he sent a complaint to upper-level management; when management of the facility found out, they immediately terminated him.

The District Court (Judge Cameron McGowan Currie) issued a consent decree on June 21, 2005, approving a settlement between the parties. The decree generally enjoined Defendant from any further discrimination or retaliation under Title VII. It also requires that Defendant pay $28,000 in monetary relief to the plaintiff-intervenor. Further, the decree required that Defendant distribute to all of its employees a sexual harassment policy, as well as provide annual training on the program to all of its supervisors, managers, and employees. The consent decree was to remain in effect for a period of two years.

Summary Authors

Adam Teitelbaum (3/21/2010)

People


Judge(s)

Currie, Cameron McGowan (South Carolina)

McCrorey, Joseph R. (South Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Daley, Robert F. Jr. (South Carolina)

Dixon, Jessica L. (North Carolina)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Ryerse, Mary M. (North Carolina)

Attorneys(s) for Defendant

Duda, William L. (South Carolina)

Judge(s)

Currie, Cameron McGowan (South Carolina)

McCrorey, Joseph R. (South Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Daley, Robert F. Jr. (South Carolina)

Dixon, Jessica L. (North Carolina)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Ryerse, Mary M. (North Carolina)

Attorneys(s) for Defendant

Duda, William L. (South Carolina)

Knittig, Joseph H. (Missouri)

Moothart, Kelly S. (Missouri)

Seyferth, Paul D. (Missouri)

Other Attorney(s)

Ormond, John Charles Jr. (South Carolina)

Documents in the Clearinghouse

Document

Civil Docket [PACER]

EEOC v. John Q. Hammons Hotel

June 24, 2005 Docket
1

Complaint

EEOC v. JOHN Q. HAMMONS HOTELS, INC.

Aug. 31, 2004 Complaint
11

Order (granting motion to intervene)

EEOC v. JOHN Q. HAMMONS HOTELS, INC.

Oct. 28, 2004 Order/Opinion
18

Complaint of Stephon A. Scott (Plaintiff-Intervenor)

EEOC v. JOHN Q. HAMMONS HOTELS, Inc.

Dec. 10, 2004 Complaint
28

Consent Decree

EEOC v. John Q. Hammons Hotel, Inc.

June 21, 2005 Settlement Agreement

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; Service due by 12/29/04 for John Q Hammons Hotel, for John Q Hammons Hotel (cqui) (Entered: 09/01/2004)

Aug. 31, 2004
2

ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (cqui) (Entered: 09/01/2004)

Aug. 31, 2004
3

MOTION by plaintiff EEOC for Jessica L. Dixon and Lynette A Barnes to appear pro hac vice FILING FEE AMOUNT waived per statue (cqui) (Entered: 09/01/2004)

Aug. 31, 2004
4

AFFIDAVIT of Jessica Dixon by plaintiff EEOC Re: [3−1] motion for Jessica L. Dixon and Lynette A Barnes to appear pro hac vice FILING FEE AMOUNT waived per statue (cqui) (Entered: 09/01/2004)

Aug. 31, 2004
5

AFFIDAVIT of Lynette A Barnes by plaintiff EEOC Re: [3−1] motion for Jessica L. Dixon and Lynette A Barnes to appear pro hac vice FILING FEE AMOUNT waived per statue (cqui) (Entered: 09/01/2004)

Aug. 31, 2004
6

ORDER granting [3−1] motion for Jessica L. Dixon and Lynette A Barnes to appear pro hac vice FILING FEE AMOUNT waived per statue ( signed by Magistrate Judge Joseph R. McCrorey ) (gpea) (Entered: 09/03/2004)

Sept. 2, 2004
7

ORDER granting [3−1] motion for Jessica L. Dixon and Lynette A Barnes to appear pro hac vice FILING FEE AMOUNT waived per statue ( signed by Magistrate Judge Joseph R. McCrorey ) (gpea) (Entered: 09/03/2004)

Sept. 2, 2004
8

MOTION by movant Stephon A Scott to intervene by Stephon A Scott with proposed complaint attached (gpea) Modified on 12/08/2004 (Entered: 09/10/2004)

Sept. 9, 2004
9

WAIVER OF SERVICE as to John Q Hammons Hotel Answer due on 11/15/04 for John Q Hammons Hotel, for John Q Hammons Hotel (gpea) (Entered: 10/04/2004)

Oct. 1, 2004
10

WAIVER OF SERVICE as to John Q Hammons Hotel Inc (gpea) (Entered: 10/04/2004)

Oct. 1, 2004
12

ANSWER to Complaint by defendant John Q Hammons Hotel, defendant John Q Hammons Hotel (Attorney William L Duda), Assignment Interrogatories due on 11/18/04 for John Q Hammons Hotel, for John Q Hammons Hotel ; (cqui) (Entered: 11/09/2004)

Nov. 8, 2004
13

ANSWER to Local Rule 26 Interrogatories by defendant John Q Hammons Hotel, defendant John Q Hammons Hotel (cqui) (Entered: 11/09/2004)

Nov. 8, 2004
14

SCHEDULING ORDER setting 26(f) Conference no later than 11/29/04 ; 26(a) Initial Disclosures served by 12/13/04 ; 26(f) Report filed by 12/13/04 ; Joining of parties,amending of pleadings on 1/7/05 ; Plaintiff's ID of Experts set for 2/7/05 ; Defendant's ID of Experts set for 3/8/05 ; Records Custodian Affidavit filed by 3/8/05 ; Discovery cutoff 5/9/05 ; Motion In Limine filed by 5/23/05 ; Deadline for filing of all motions 5/23/05 ; Mediation deadline for 4/11/05 ( signed by Magistrate Judge Joseph R. McCrorey )eod 11/9/04 mld (cqui) (Entered: 11/09/2004)

Nov. 9, 2004
15

MOTION by defendant John Q Hammons Hotel, defendant John Q Hammons Hotel for Paul Seyferth, Joseph Knitting and Kelly Moothart to appear pro hac vice FILING FEE AMOUNT 150.00 Receipt # SCX300006329 (cqui) (Entered: 11/17/2004)

Nov. 17, 2004
16

ORDER granting [15−1] motion for Paul Seyferth, Joseph Knitting and Kelly Moothart to appear pro hac vice FILING FEE AMOUNT 150.00 Receipt # SCX300006329 ( signed by Magistrate Judge Joseph R. McCrorey ) (ttil) (Entered: 11/19/2004)

Nov. 19, 2004
17

ANSWER to Complaint of Stephon Scott by defendant John Q Hammons Hotel, defendant John Q Hammons Hotel (intervenor complaint not filed) (cqui) Modified on 12/08/2004 (Entered: 12/08/2004)

Dec. 7, 2004
18

Intervenor's COMPLAINT by Stephon A Scott against defendant John Q Hammons Hotel, defendant John Q Hammons Hotel (cqui) (Entered: 12/10/2004)

Dec. 10, 2004
19

JOINT 26(f) Report by Stephon A Scott, John Q Hammons Hotel, John Q Hammons Hotel, EEOC . Parties need additional time to Conference and Scheduling Order. (cqui) (Entered: 12/14/2004)

Dec. 13, 2004
20

JOINT 26(f) Answers to Local Rule 26 Interrogatories by Stephon A Scott, John Q Hammons Hotel, John Q Hammons Hotel, EEOC . (cqui) (Entered: 12/14/2004)

Dec. 13, 2004
21

JOINT 26(f) Outline of Discovery Plan by Stephon A Scott, John Q Hammons Hotel, John Q Hammons Hotel, EEOC . (cqui) (Entered: 12/14/2004)

Dec. 13, 2004
22

CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER Amended Pleadings due by 2/7/2005.Plaintiff ID of Expert Witness due by 3/9/2005.Defendants ID of Expert Witnesses Due by 4/7/2005.Records Custodian Affidavit due by 4/7/2005. Discovery due by 6/8/2005. Motions due by 6/22/2005.Mediation Due by 8/8/2005.. Signed by Judge Joseph R McCrorey on 02/25/2005. (ttil, ) (Entered: 03/02/2005)

Feb. 25, 2005
23

MOTION to Appear Pro Hac Vice by Robert F. Daley, Jr. of Mary M. Ryerse by United States Equal Employment Opportunity Commission. Response to Motion due by 4/5/2005 (Attachments: # 1 Affidavit Application of Mary Ryerse# 2 Proposed Order)(Daley, Robert) (Entered: 03/18/2005)

March 18, 2005
24

ORDER granting 23 Motion for Mary M. Ryerse to Appear Pro Hac Vice. Signed by Judge Joseph R. McCrorey on 4/1/05. (kpri, ) (Entered: 04/05/2005)

April 4, 2005
25

ADR STATEMENT/CERTIFICATION by United States Equal Employment Opportunity Commission(Daley, Robert) (Entered: 05/05/2005)

May 5, 2005
26

Second MOTION to Amend/Correct 22 Scheduling Order, by United States Equal Employment Opportunity Commission. Response to Motion due by 5/27/2005 (Attachments: # 1 Proposed Order)(Daley, Robert) (Entered: 05/09/2005)

May 9, 2005
28

CONSENT DECREE. Signed by Judge Cameron McGowan Currie on 6/21/05. (Attachments: # 1 Consent Signature Pages# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(gpea, ) (Entered: 06/22/2005)

June 21, 2005
29

JUDGMENT in favor of Plaintiff and Plaintiff−Intervenor against Defendants. The Plaintiff−Intervenor, Stephon A. Scott, shall recover of the Defendants, John Q. Hammons Hotels, Inc., and John Q. Hammons Hotels, L.P. d/b/a Embassy Suites Columbia Atrium Hotel, the sum of Twenty−Eight Thousand and 00/100 ($28,000.00) Dollars and this action is dismissed with prejudice. (gpea, ) (Entered: 06/22/2005)

June 22, 2005
30

AMENDED JUDGMENT in favor of Plaintiffs against Defendants. (gpea, ) (Entered: 06/24/2005)

June 24, 2005

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Aug. 31, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

John Q Hammons Hotels Inc, Private Entity/Person

John Q Hammons Hotels LP, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $28,000

Order Duration: 2005 - 2007

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Expungement of Employment Record

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits