Case: U.S. Equal Employment Opportunity Commission v. Reggio's Pizza, Inc.

1:24-cv-08910 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 25, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of several cases originally brought by the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden Administration to enforce Title VII’s prohibition of sex-based workplace discrimination against transgender employees. In these cases, the EEOC’s position was that discrimination on account of gender identity and sexuality necessarily constituted sex-based discrimination in violation of Title VII. After Present Donald Trump was elected, the EEOC reversed its position and mo…

This is one of several cases originally brought by the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden Administration to enforce Title VII’s prohibition of sex-based workplace discrimination against transgender employees. In these cases, the EEOC’s position was that discrimination on account of gender identity and sexuality necessarily constituted sex-based discrimination in violation of Title VII. After Present Donald Trump was elected, the EEOC reversed its position and moved to dismiss these cases, which are available here.

On September 25, 2024, the EEOC filed this lawsuit against Reggio's Pizza Inc., a restaurant based out of Chicago’s airport, in the United States District Court for the Northern District of Illinois. The EEOC filed this lawsuit on behalf of Defendant’s former employee, a black transgender woman. She alleged that her manager outed her as transgender to her fellow employees, and that when she complained that her fellow employees subjected her to misgendering and racist and homophobic slurs, her manager took away her access badge to the airport, thereby preventing her from returning to work. The EEOC’s lawsuit alleged that Defendant’s actions constituted unlawful retaliation in violation of Title VII. The EEOC sought compensatory, emotional distress, and punitive damages for the former employee and a permanent injunction to (1) prevent the Defendant from subjecting its employees to discriminatory or retaliatory treatment, and (2) affirmatively require the Defendant to implement policies, practices, and programs to provide equal employment opportunities for its employees regardless of sex. This case was assigned to Judge Andrea R. Wood.

The Defendant filed its answer to the EEOC’s complaint on December 26, 2024, and the Court set a discovery schedule, with discovery to be completed by September 2025.

However, after President Trump was inaugurated to his second term on January 20, 2025, he issued several Executive Orders that declared the Administration's reversal on several issues relating to gender identity (EO 14201, Keeping Men out of Women's Sports; EO 14187, Protecting Children from Chemical and Surgical Mutilation, and EO 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government).  On January 28, 2025, the EEOC issued a press release, "Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace," indicating the ways in which the EEOC would implement the Executive Orders.

In response to the change in administration and federal guidance, the EEOC moved to voluntarily dismiss this case on February 14, 2025, arguing that discrimination on the basis of gender identity did not constitute sex-based discrimination in violation of Title VII. On February 18, the Court set a telephonic hearing for March 5, 2025 and ordered Defendant’s former employee to appear before the court to state her position on whether she would seek to intervene in this case. This case is ongoing.

Summary Authors

Sarah Portwood (2/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69195084/parties/equal-employment-opportunity-commission-v-reggios-pizza-inc/


Judge(s)
Attorney for Plaintiff

Elkin, Laurie S. (Illinois)

Mulaire, Justin (Illinois)

Attorney for Defendant

Frischer, Susan Bryniarski (Illinois)

Peters, R Delacy (Illinois)

Schumann, Anthony L. (Illinois)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-08910

Complaint

Equal Employment Opportunity Commission v. Reggio's Pizza, Inc.

Sept. 25, 2024

Sept. 25, 2024

Complaint
20

1:24-cv-08910

Plaintiff EEOC's Motion to Dismiss EEOC Litigation

U.S. Equal Employment Opportunity Commission v. Reggio's Pizza

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69195084/equal-employment-opportunity-commission-v-reggios-pizza-inc/

Last updated April 21, 2025, 3:46 p.m.

ECF Number Description Date Link Date / Link
1

complaint

Sept. 25, 2024

Sept. 25, 2024

Clearinghouse
1

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demandd. (Shultz, Miles) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

Clearinghouse
2

CIVIL Cover Sheet (Shultz, Miles) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER

case assigned

Sept. 26, 2024

Sept. 26, 2024

PACER

clerk's notice

Sept. 26, 2024

Sept. 26, 2024

PACER

case assigned

Sept. 26, 2024

Sept. 26, 2024

PACER
2

civil cover sheet

Sept. 26, 2024

Sept. 26, 2024

PACER

clerk's notice

Sept. 26, 2024

Sept. 26, 2024

PACER
3

attorney appearance

Sept. 26, 2024

Sept. 26, 2024

PACER

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (bi, )

Sept. 26, 2024

Sept. 26, 2024

PACER

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (bi, )

Sept. 26, 2024

Sept. 26, 2024

PACER
3

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
4

set/reset hearings

Oct. 2, 2024

Oct. 2, 2024

PACER
4

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 11/27/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) (Entered: 10/02/2024)

Oct. 2, 2024

Oct. 2, 2024

PACER
5

waiver of service executed

Oct. 3, 2024

Oct. 3, 2024

PACER
5

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Reggio's Pizza, Inc. waiver sent on 9/27/2024, answer due 11/26/2024. (Shultz, Miles) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

PACER
6

attorney appearance

Oct. 4, 2024

Oct. 4, 2024

PACER
6

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by R Delacy Peters, Jr (Peters, R) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

PACER
7

attorney appearance

Oct. 9, 2024

Oct. 9, 2024

PACER
7

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Laurie S. Elkin (Elkin, Laurie) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
8

other

Nov. 18, 2024

Nov. 18, 2024

PACER
9

other

Nov. 18, 2024

Nov. 18, 2024

PACER
8

Attorney Appearance by Reggio's Pizza, Inc. (Schumann, Anthony) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
9

Attorney Appearance by Reggio's Pizza, Inc. for Susan B. Frischer (Schumann, Anthony) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
10

attorney appearance

Nov. 19, 2024

Nov. 19, 2024

PACER
11

attorney appearance

Nov. 19, 2024

Nov. 19, 2024

PACER
10

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Anthony L. Schumann (Schumann, Anthony) (Entered: 11/19/2024)

Nov. 19, 2024

Nov. 19, 2024

PACER
11

ATTORNEY Appearance for Defendant Reggio's Pizza, Inc. by Susan Bryniarski Frischer (Frischer, Susan) (Entered: 11/19/2024)

Nov. 19, 2024

Nov. 19, 2024

PACER
12

status report

Nov. 20, 2024

Nov. 20, 2024

PACER
12

STATUS Report by Equal Employment Opportunity Commission (Shultz, Miles) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
13

extension of time

Nov. 21, 2024

Nov. 21, 2024

PACER
13

MOTION by Defendant Reggio's Pizza, Inc. for extension of time (Schumann, Anthony) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
14

order on motion for extension of time

Nov. 22, 2024

Nov. 22, 2024

PACER
14

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to answer or otherwise plead 13 is granted. Defendant shall answer or otherwise respond to Plaintiff's complaint by 12/27/2024. Telephonic initial status hearing set for 11/27/2024 is stricken and reset for 1/8/2025 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
15

answer to complaint

Dec. 26, 2024

Dec. 26, 2024

RECAP
15

DEFENDANT REGGIOS PIZZA, INC.S ANSWER to Complaint with Jury Demand AND AFFIRMATIVE DEFENSES by Reggio's Pizza, Inc.(Schumann, Anthony) (Entered: 12/26/2024)

Dec. 26, 2024

Dec. 26, 2024

RECAP
16

Local Rule 3.2 Annual Reminder Order

Dec. 27, 2024

Dec. 27, 2024

PACER
16

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

Dec. 27, 2024

Dec. 27, 2024

PACER
17

telephone conference

Jan. 8, 2025

Jan. 8, 2025

PACER
17

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing held on 1/8/2025. The Court adopts the parties' proposed case schedule set forth in their initial joint status report 12 . The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 1/27/2025. Fact discovery shall be completed by 9/30/2025. Dispositive motions shall be filed by 12/5/2025. By 3/10/2025, the parties shall file a joint status report setting forth: (1) the status of discovery, including what progress has been made, whether the parties are aware of any discovery disputes that will require the Court's involvement, and whether the parties are aware of any reason why they will not be able to complete fact discovery by the 9/30/2025 deadline; (2) the parties' views regarding prospects for settlement and whether the parties request a referral to the magistrate judge for a settlement conference; and (3) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) (Entered: 01/10/2025)

Jan. 8, 2025

Jan. 8, 2025

PACER
18

extension of time

Jan. 27, 2025

Jan. 27, 2025

PACER
18

MOTION by Defendant Reggio's Pizza, Inc. for extension of time DEFENDANT REGGIOS PIZZA, INC.S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE FED. R. CIV. P. 26(a)(1) INITIAL DISCLOSURES (Schumann, Anthony) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
19

order on motion for extension of time

Jan. 29, 2025

Jan. 29, 2025

PACER
19

MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to serve Fed. R. Civ. P. 26(a)(1) initial disclosures 18 is granted. The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 2/10/2025. Mailed notice (lma, ) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER
20

motion to dismiss

Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
20

MOTION by Plaintiff Equal Employment Opportunity Commission to dismiss voluntarily on specified terms (Mulaire, Justin) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
21

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff EEOC's motion to dismiss EEOC litigation 20 is set for a telephonic motion hearing on 3/5/2025 at 9:00 AM. The Court directs the Aggrieved Individual referenced in the Complaint to appear for the motion hearing, personally or through counsel, to provide her position on the motion and to inform the Court whether she intends to intervene. Plaintiff EEOC's counsel shall ensure that the Aggrieved Individual receives actual notice of this order. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP
22

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/5/2025. As stated on the record, Plaintiff EEOC's motion to dismiss EEOC litigation 20 is entered and continued. The case schedule entered on 1/8/2025 17 is vacated. The Court stays any further discovery. Attorney Bryan Wood appears as counsel for the Aggrieved Individual. Attorney Wood shall file his appearance on the docket within 48 hours. The Aggrieved Individual shall file their anticipated motion to intervene and motion for leave to proceed under a pseudonym by 4/4/2025. The Aggrieved Individual is granted leave to file the anticipated motion for leave to proceed under a pseudonym under seal. Responses to the anticipated motions shall be filed by 4/18/2025. As stated on the record, until the Court rules on the motion for the Aggrieved Individual to proceed under a pseudonym, all parties shall refrain from using the Aggrieved Individual's true name in any public filing or statement. In Court status and motion hearing set for 4/29/2025 at 10:00 AM in courtroom 2141. Mailed notice (lma, ) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

RECAP
23

ATTORNEY Appearance for Intervenor Aggrieved Individual by James Bryan Wood (Wood, James) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

RECAP
24

Leave to File Document

April 4, 2025

April 4, 2025

PACER
27

Sealed Motion

April 18, 2025

April 18, 2025

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Transgender Rights)

Key Dates

Filing Date: Sept. 25, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Equal Employment Opportunity Commission

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

Reggio's Pizza, Inc., Private Entity/Person

Defendant Type(s):

Restaurant

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination Basis:

Gender identity

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Transgender

EEOC-centric:

Direct Suit on Merits

LGBTQ+:

LGBTQ+