Case: EEOC v. ESSEE INC (d/b/a BURGER KING CORPORATION)

5:02-cv-00611 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 7, 2002

Closed Date: Dec. 20, 2005

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Case Summary

In May 2002, the Dallas District Office of the EEOC brought this lawsuit against Essee Inc., doing business as Burger King Corporation, in the U.S. District Court for the Western District of Oklahoma alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleges that the defendant subjected the charging party, a male employee, to a sexually hostile work environment including lewd comments and an illegal strip search leading to the constructive discharge of the complaining party. The consent decree also indicates the complaining party charged the defendant with negligent supervision, retention, and assault. The complaining party intervened in the lawsuit in May 2002. Following a few settlement conferences, the intervenor had judgment entered against the plaintiff in November 2002, which was vacated by the EEOC for entry of a consent decree in December 2002.

The three year decree, containing anti-discrimination, retaliation, intimidation, and harassment clauses, required the defendant to: make bi-annual reports regarding sexual harassment complaints made in certain facilities, expungement of complainant's employee record, provision of a neutral reference for complainant, securing all surveillance videotape, posting and distribution of employee rights, annual training for all employees, modification of existing policies and complaint procedures, and payment of $187,000 to complainant and his attorney.

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Summary Authors

David Friedman (11/13/2007)

People

Judge(s)

Roberts, Bana (Oklahoma)

Judge(s)

Roberts, Bana (Oklahoma)

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Documents in the Clearinghouse

	Document
5:02-cv-00611	Docket [PACER] EEOC v. Essee Inc	Dec. 20, 2002	Dec. 20, 2002 Docket
35 5:02-cv-00611	Consent Decree EEOC v. Essee Inc	Dec. 20, 2002	Dec. 20, 2002 Settlement Agreement
	EEOC Litigation Settlement Report (December 2002) EEOC v. Essee Inc No Court	Dec. 31, 2002	Dec. 31, 2002 Press Release

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 25, 2025, 8:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (dl) (Entered: 05/07/2002)	May 7, 2002	May 7, 2002
2	ATTORNEY APPEARANCE for plaintiff EEOC by Michelle M. Robertson (dl) (Entered: 05/07/2002)	May 7, 2002	May 7, 2002
3	MOTION to intervene by Claude Gregory (kw) (Entered: 05/09/2002)	May 8, 2002	May 8, 2002
4	ORDER by Honorable David L. Russell granting motion to intervene [3-1] of Claude Gregory (cc: all counsel) [EOD Date 5/10/02] (kw) (Entered: 05/10/2002)	May 10, 2002	May 10, 2002
5	PRAECIPE for and issued 1 summons by plaintiff EEOC (kw) (Entered: 05/10/2002)	May 10, 2002	May 10, 2002
6	RETURN OF SERVICE executed upon defendant Essee Inc on 5/10/02 (kw) (Entered: 05/20/2002)	May 17, 2002	May 17, 2002
7	ATTORNEY APPEARANCE for defendant Essee Inc by William K Turner, Christopher S Thrutchley (kw) (Entered: 05/31/2002)	May 31, 2002	May 31, 2002
8	MOTION by defendant Essee Inc to extend time to file resp pleading (kw) (Entered: 05/31/2002)	May 31, 2002	May 31, 2002
9	ORDER by Honorable David L. Russell granting motion to extend time to file resp pleading [8-1]; due 6/17/02 (cc: all counsel) [EOD Date 5/31/02] (kw) (Entered: 05/31/2002)	May 31, 2002	May 31, 2002
10	ANSWER and affirmative defenses by defendant Essee Inc to the EEOC's complaint; jury demand (kw) (Entered: 06/18/2002)	June 18, 2002	June 18, 2002
11	ANSWER by defendant Essee Inc to Plaintiff Intervenor's complaint (kw) (Entered: 06/18/2002)	June 18, 2002	June 18, 2002
12	ATTORNEY APPEARANCE for defendant Essee Inc by Brently C Olsson (kw) (Entered: 06/26/2002)	June 25, 2002	June 25, 2002
	DOCKET status ; status scheduling conf set for 10:45 8/8/02 (kw) (Entered: 07/02/2002)	July 2, 2002	July 2, 2002
13	MOTION by defendant Essee Inc to withdraw attorney (kw) (Entered: 07/31/2002)	July 30, 2002	July 30, 2002
14	ORDER by Honorable David L. Russell granting motion to withdraw attorney [13-1] attorney Christopher S Thrutchley for Essee Inc, attorney William K Turner for Essee Inc (cc: all counsel) [EOD Date 8/1/02] (kw) (Entered: 08/01/2002)	Aug. 1, 2002	Aug. 1, 2002
16	ORDER by Honorable David L. Russell granting motion to extend ddl for filing of the jnt status rpt and jnt disc plan [15-1]; due 8/7/02 (cc: all counsel) [EOD Date 8/5/02] (kw) (Entered: 08/05/2002)	Aug. 5, 2002	Aug. 5, 2002
17	APPLICATION by plaintiff EEOC to tender status report and joint discovery plan (kw) (Entered: 08/08/2002)	Aug. 7, 2002	Aug. 7, 2002
18	JOINT STATUS REPORT by plaintiff EEOC, defendant Essee Inc, intervenor-plaintiff Claude Gregory (kw) (Entered: 08/08/2002)	Aug. 8, 2002	Aug. 8, 2002
19	JOINT DISCOVERY PLAN (kw) (Entered: 08/08/2002)	Aug. 8, 2002	Aug. 8, 2002
20	SCHEDULING ORDER Honorable David L. Russell ; status scheduling conference held on 10:45 8/8/02 ; jury trial set for 3/1/03 ; Discovery set for 2/15/03 ;mtn filing ddl set for 1/2/03 ; pretrial report due 3/1/03 pla's wit lst due: 1/2/03 pla's exh lst due: 1/2/03 dft's wit lst due: 10 days t/a dft's exh lst due: 10 days t/a mtns in limine due: 3/1/03 jury instr due: 3/1/03 voir dire requests due: 3/1/03 trial briefs due : 3/1/03 (cc: all counsel) finding the motion to tender status report and joint discovery plan [17-1] moot. (kw) (Entered: 08/08/2002)	Aug. 8, 2002	Aug. 8, 2002
21	MOTION by plaintiff EEOC for order setting early settlement conference (kw) (Entered: 08/20/2002)	Aug. 20, 2002	Aug. 20, 2002
22	ORDER by Honorable David L. Russell granting pla and pla Intervenor's motion for order setting early settlement conference [21-1] It is therefore ordered that this cause is to be set for early settlement conf and the ptys will be notified by the Court of its setting (cc: all counsel) [EOD Date 9/12/02] (cjs) (Entered: 09/12/2002)	Sept. 12, 2002	Sept. 12, 2002
23	ORDER by Honorable David L. Russell, ; Settlement conf 10/10/02, 9:00, J. Roberts ; stmt due by noon 10/4/02 (cc: all counsel) [EOD Date 9/25/02] (kw) (Entered: 09/25/2002)	Sept. 25, 2002	Sept. 25, 2002
24	MOTION by defendant Essee Inc for order allowing for insurance rep to participate in settlement conf via telephone (kw) (Entered: 10/08/2002)	Oct. 7, 2002	Oct. 7, 2002
25	ORDER by Magistrate Judge Bana Roberts granting motion for order allowing for insurance rep to participate in settlement conf via telephone [24-1] (cc: all counsel) [EOD Date 10/10/02] (kab) (Entered: 10/10/2002)	Oct. 10, 2002	Oct. 10, 2002
26	ENTER ORDER by Magistrate Judge Bana Roberts, ; Settlement conf was held did not settle; The settlement conf was held on October 10th, 2002, before Magistrate Judge Bana Roberts; Phil Watts and Jeff Taylor appeared on behalf of the plf as lead trial cnsl and Michael Cox appeared on behalf of the dft as lead trial cnsl; The case did not settle; (cc: all counsel) [EOD Date 10/22/02] (sr) (Entered: 10/22/2002)	Oct. 22, 2002	Oct. 22, 2002
27	MOTION by intervenor-plaintiff Claude Gregory to withdraw attorney for plaintiff, Claude Gregory (kw) (Entered: 10/28/2002)	Oct. 28, 2002	Oct. 28, 2002
28	ORDER by Honorable David L. Russell granting motion to withdraw attorney for plaintiff, Claude Gregory [27-1] attorney Philip O Watts for Claude Gregory, attorney Jeffery A Taylor for Claude Gregory; pla to obtain new counsel or enter appearance pro se w/i 15 days (cc: all counsel) [EOD Date 10/30/02] (kw) (Entered: 10/30/2002)	Oct. 30, 2002	Oct. 30, 2002
29	ATTORNEY APPEARANCE for intervenor-plaintiff Claude Gregory by Philip O. Watts (kw) (Entered: 11/08/2002)	Nov. 7, 2002	Nov. 7, 2002
30	REQUEST by intervenor-plaintiff Claude Gregory for entry of judgment (kw) (Entered: 11/08/2002)	Nov. 7, 2002	Nov. 7, 2002
31	ACCEPTANCE by plaintiff EEOC of offer of judgment (kw) (Entered: 11/15/2002)	Nov. 15, 2002	Nov. 15, 2002
32	ORDER by Honorable David L. Russell granting offer of judgment [31-1], terminating case (cc: all counsel) [EOD Date 11/19/02] (kw) (Entered: 11/19/2002)	Nov. 19, 2002	Nov. 19, 2002
33	MOTION by plaintiff EEOC to vacate the closing order and for entry of consent decree with authority in suppt (kw) (Entered: 12/20/2002)	Dec. 19, 2002	Dec. 19, 2002
34	ORDER by Honorable David L. Russell granting motion to vacate the closing order and for entry of consent decree [33-1] (cc: all counsel) [EOD Date 12/20/02] (kw) (Entered: 12/20/2002)	Dec. 20, 2002	Dec. 20, 2002
35	CONSENT DECREE by Honorable David L. Russell (cc: all counsel) (kw) (Entered: 12/20/2002)	Dec. 20, 2002	Dec. 20, 2002

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 7, 2002

Closing Date: Dec. 20, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Essee, Inc.

Case Details

Causes of Action:

State law

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

Other Dockets:

Western District of Oklahoma 5:02-cv-00611

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

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

Expungement of Employment Record

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 187000

Order Duration: 2002 - 2005

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. ESSEE INC (d/b/a BURGER KING CORPORATION), Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/6554/ (last updated 11/13/2007).