Case: U.S. Equal Employment Opportunity Commission v. GMRI, INC.

2:23-cv-01448 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Aug. 14, 2023

Closed Date: Oct. 9, 2025

Clearinghouse coding complete

Case Summary

This case concerns  alleged hiring discrimination on the basis of a job applicant's disability status. On August 14, 2023, the U.S. Equal Employment Opportunity Commission filed a lawsuit on behalf of an individual disabled applicant in the U.S. District Court for the Western District of Pennsylvania against GMRI, Inc., the owner of Olive Garden. The EEOC alleged that GMRI discriminated against an applicant with ataxia. The EEOC alleged that, during a job interview, the defendant asked the appl…

This case concerns  alleged hiring discrimination on the basis of a job applicant's disability status.

On August 14, 2023, the U.S. Equal Employment Opportunity Commission filed a lawsuit on behalf of an individual disabled applicant in the U.S. District Court for the Western District of Pennsylvania against GMRI, Inc., the owner of Olive Garden. The EEOC alleged that GMRI discriminated against an applicant with ataxia. The EEOC alleged that, during a job interview, the defendant asked the applicant illegal questions about how "bad" his disability was and his use of a cane to walk, and that the defendant did not hire the applicant because of the answers to those questions. The EEOC  asserted three counts under the Americans with Disabilities Act (ADA): (1) refusing to hire the charging party on the basis of his disability, (2) making unlawful disability-related inquiries, and (3) refusing to hire the charging party in retaliation for those inquiries. The EEOC sought compensatory and punitive damages, injunctive relief requiring the defendant not to discriminate in hiring on the basis of disability, and attorneys' fees and costs. The case was assigned to District Judge J. Nicholas Ranjan.

The defendants filed an answer on October 16, 2023 and asserted that their decisions were for non-discriminatory reasons, that the applicant failed to exhaust his administrative remedies, and that the EEOC failed to fulfill the administrative prerequisite of engaging in good faith conciliation prior to filing suit. Between the filing of the answer and April 8, 2024, the parties engaged in settlement negotiations.

On April 8, 2024, the parties filed a joint motion to enter a consent decree. The following day, Judge Ranjan approved the motion and entered the consent decree. The settlement required the defendant not to discriminate in hiring on the basis of disability or make disability-related inquiries during the hiring process. The defendant agreed to pay the disabled applicant $30,000, including $8,000 for backpay and $22,000 for emotional distress. The defendant also agreed to conduct training on one of many proposed  ADA-related topics and to submit a report to the EEOC on hiring practices every six months. The consent decree was in effect for 18 months, from April 9, 2024 to October 9, 2025.

Summary Authors

Quin Zapoli (9/3/2026)

Jinan Abufarha (9/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67693810/parties/us-equal-employment-opportunity-commission-v-gmri-inc/


Judge(s)
Attorney for Plaintiff

Anderson, Delaney E. (Pennsylvania)

Murray, Gregory A. (Pennsylvania)

Phillips, Ronald L. (Pennsylvania)

Attorney for Defendant

Brailey, Taylor N. (Pennsylvania)

Hammerstein, Emilie R. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

2:23-cv-01448

Complaint and Jury Trial Demanded

U.S. Equal Employment Opportunity Commission v. GMRI

Aug. 14, 2023

Aug. 14, 2023

Complaint
27

2:23-cv-01448

Consent Decree

U.S. Equal Employment Opportunity Commission

April 9, 2024

April 9, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67693810/us-equal-employment-opportunity-commission-v-gmri-inc/

Last updated Sept. 10, 2026, 6:28 p.m.

Docket for: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. GMRI, INC.
ECF Number Date Description Link
1 Aug. 14, 2023

COMPLAINT against GMRI, INC. filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet) (cel) (Entered: 08/15/2023)

Clearinghouse
2 Aug. 15, 2023

MOTION for attorney Delaney E. Anderson to Appear Pro Hac Vice, (Filing fee $70 by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Declaration of Delaney E. Anderson in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing) (Anderson, Delaney) (Entered: 08/15/2023)

RECAP
3 Aug. 17, 2023

Proposed Order re 2 Motion to Appear Pro Hac Vice, by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Anderson, Delaney) (Entered: 08/17/2023)

RECAP
Aug. 17, 2023

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 2 Motion to Appear Pro Hac Vice,. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (dmh)

4 Aug. 18, 2023

ORDER granting 2 Motion for Delaney E. Anderson to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 8/18/2023. (pak) (Entered: 08/18/2023)

RECAP
5 Aug. 28, 2023

MOTION for attorney Ronald L. Phillips to Appear Pro Hac Vice, (Filing fee $70 by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Declaration, # 2 Proposed Order) (Phillips, Ronald) (Entered: 08/28/2023)

RECAP
6 Aug. 29, 2023

ORDER granting 5 Motion for Ronald L. Phillips to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 8/29/2023. (pak) (Entered: 08/29/2023)

RECAP
7 Sept. 1, 2023

WAIVER OF SERVICE Returned Executed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. GMRI, INC. waiver sent on 8/15/2023, answer due 10/16/2023. (Anderson, Delaney) (Entered: 09/01/2023)

RECAP
8 Sept. 20, 2023

NOTICE of Appearance by Theodore A. Schroeder on behalf of GMRI, INC.. (Schroeder, Theodore) (Entered: 09/20/2023)

RECAP
9 Sept. 20, 2023

NOTICE of Appearance by Emilie R. Hammerstein on behalf of GMRI, INC.. (Hammerstein, Emilie) (Entered: 09/20/2023)

RECAP
10 Sept. 20, 2023

NOTICE of Appearance by Taylor N. Brailey on behalf of GMRI, INC.. (Brailey, Taylor) (Entered: 09/20/2023)

RECAP
11 Sept. 20, 2023

Disclosure Statement identifying Darden Restaurants, Inc. as corporate parent or other affiliate by GMRI, INC.. (Brailey, Taylor) (Entered: 09/20/2023)

RECAP
12 Oct. 16, 2023

ANSWER to 1 Complaint and Additional Defenses by GMRI, INC. (Hammerstein, Emilie) (Entered: 10/16/2023)

RECAP
13 Oct. 17, 2023

CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 11/9/2023. A Telephonic Initial Case Management Conference is set for 11/20/2023 at 9:30 a.m. before Judge J. Nicholas Ranjan. The dial-in information is as follows: 412-547-0144, with an access code of 266742533#. Signed by Judge J. Nicholas Ranjan on 10/17/2023. (pak) (Entered: 10/17/2023)

RECAP
14 Oct. 17, 2023

Proposed Rule 26(f) report. (pak) (Entered: 10/17/2023)

RECAP
15 Nov. 9, 2023

REPORT of Rule 26(f) Planning Meeting. (Anderson, Delaney) (Entered: 11/09/2023)

RECAP
16 Nov. 9, 2023

STIPULATION selecting ADR process by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Anderson, Delaney) (Entered: 11/09/2023)

RECAP
17 Nov. 20, 2023

Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Initial Case Management Conference held on 11/20/2023. (Court Reporter: None) (pak) (Entered: 11/20/2023)

RECAP
18 Nov. 20, 2023

CASE MANAGEMENT ORDER: Joint Motion for Entry of Protective Order due by 11/27/2023; Exchange of required Rule 26(a)(1) information due by 12/4/2023; Amended Pleadings and Joinder of Parties due by 12/22/2023; Discovery due by 4/19/2024. The parties shall file a joint status report updating the Court on the status of discovery by 4/12/2024. A Telephonic Post-Discovery Status Conference is set for 4/22/2024 at 10:00 a.m. before Judge J. Nicholas Ranjan. The dial-in information is as follows: 412-547-0144, with an access code of 331108275#. Signed by Judge J. Nicholas Ranjan on 11/20/2023. (pak) (Entered: 11/20/2023)

RECAP
19 Nov. 20, 2023

ORDER REFERRING CASE to Mediation. Kenneth J. Benson is appointed as mediator. Signed by Judge J. Nicholas Ranjan on 11/20/2023. (pak) (Entered: 11/20/2023)

RECAP
20 Nov. 21, 2023

Joint MOTION for Protective Order by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Anderson, Delaney) (Entered: 11/21/2023)

RECAP
21 Nov. 22, 2023

PROTECTIVE ORDER. Signed by Judge J. Nicholas Ranjan on 11/22/2023. (pak) (Entered: 11/22/2023)

RECAP
22 Jan. 12, 2024

REPORT of Mediation: Mediation held on 1/12/2024. Case has not been resolved. KENNETH J. BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Benson, Kenneth) (Entered: 01/12/2024)

RECAP
23 Jan. 23, 2024

NOTICE of Appearance by Gregory A. Murray on behalf of U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Murray, Gregory) (Entered: 01/23/2024)

RECAP
24 Jan. 24, 2024

MOTION to Withdraw as Attorney - Delaney E. Anderson by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Anderson, Delaney) (Entered: 01/24/2024)

RECAP
25 Jan. 25, 2024

ORDER granting 24 Motion to Withdraw as Attorney. Attorney Delaney E. Anderson terminated Signed by Judge J. Nicholas Ranjan on 1/25/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 01/25/2024)

RECAP
Jan. 25, 2024

Order on Motion to Withdraw as Attorney

26 April 8, 2024

Joint MOTION to Approve Consent Judgment by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit Ex. 1 - Proposed Consent Decree) (Phillips, Ronald) (Entered: 04/08/2024)

1 Exhibit Ex. 1 - Proposed Consent Decree

View on RECAP

RECAP
27 April 9, 2024

ORDER granting 26 Motion to Approve Consent Judgment, and entering CONSENT DECREE. The parties agree to be bound by the terms of this Consent Decree, as specified. The Clerk shall mark this case as closed. Signed by Judge J. Nicholas Ranjan on 4/9/2024. (pak) (Entered: 04/09/2024)

Clearinghouse

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Disability Rights

Key Dates

Filing Date: Aug. 14, 2023

Closing Date: Oct. 9, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Equal Employment Opportunity Commission.

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

GMRI, Inc.

Defendant Type(s):

Restaurant

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Western District of Pennsylvania 2:23-cv-01448

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Reporting

Training

Amount Defendant Pays: $30,000

Order Duration: 2024 - 2025

Issues

Disability and Disability Rights:

Mobility impairment

Discrimination Area:

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation