Case: EEOC v. HARDEE'S OF SOUTHWEST MISSOURI INC

3:05-cv-03050 | U.S. District Court for the Western District of Arkansas

Filed Date: Aug. 29, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that the charging party was terminated from her job because of her pregnancy. The parties entered into a consent decree in July 2006. The decree, valid for three years, required Defen…

The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that the charging party was terminated from her job because of her pregnancy.

The parties entered into a consent decree in July 2006. The decree, valid for three years, required Defendant to pay the charging party $8,500, provide her with a neutral employment reference and expunge her employment records. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility and report annually to the EEOC about any internal complaints of pregnancy discrimination. Defendant was also required to train its managers regarding Title VII's requirements, especially with regard to sex and pregnancy discrimination. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Shankar Viswanathan (7/31/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5101943/parties/equal-employment-opportunity-commission-v-hardees-of-southwest-missouri/


Judge(s)

Jones, Beverly Stites (Arkansas)

Judge(s)

Jones, Beverly Stites (Arkansas)

Documents in the Clearinghouse

Document

3:05-cv-03050

Docket (PACER)

EEOC v. Hardee's of Southwest Missouri Inc

July 28, 2006

July 28, 2006

Docket
1

3:05-cv-03050

Complaint

EEOC v. Hardee's of Southwest Missouri Inc

Aug. 29, 2005

Aug. 29, 2005

Complaint
12-1

3:05-cv-03050

Consent Decree

EEOC v. Hardee's of Southwest Missouri Inc

July 28, 2006

July 28, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5101943/equal-employment-opportunity-commission-v-hardees-of-southwest-missouri/

Last updated Aug. 1, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hardee's of Southwest Missouri, Inc. , filed by Equal Employment Opportunity Commission.(jn) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

CLERK'S FIRST NOTICE re No Service of Process directed to Plaintiff Equal Employment Opportunity Commission. No answer or other responsive pleading has been filed. The file does not reflect a proof of service of the complaint upon the defendant(s). Federal Rules of Civil Procedure 4(l) requires proof of service to be filed with the court. If service is not perfected on a defendant within 120 days after filing the complaint, a show cause order will issue and the complaint against that defendant is subject to dismissal pursuant to Federal Rules of Civil Procedure 4(m). TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (ct, ) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Defendant Hardee's of Southwest Missouri, Inc. waiver sent on 10/5/2005, answer due 12/5/2005. (jn) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

3

ANSWER to Complaint by Hardee's of Southwest Missouri, Inc..(Ney, Marshall) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

4

MOTION to Appear Pro Hac Vice by Hardee's of Southwest Missouri, Inc.. (Attachments: # 1 Affidavit of Greggory D. Groves)(Ney, Marshall) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

5

INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 3/2/2006. Final Scheduling Order issue date 3/13/2006. Jury Trial set for 8/14/2006 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on December 22, 2005. (gg) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

6

NOTICE of Appearance by Greggory D Groves on behalf of Hardee's of Southwest Missouri, Inc. (Groves, Greggory) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

7

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Cash, William) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

8

FINAL SCHEDULING ORDER: Discovery due by 6/1/2006. Motions due by 6/14/2006. Jury Trial set for 8/14/2006 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on February 23, 2006. (gg) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

9

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

TEXT ONLY ORDER granting 9 Motion to Substitute Attorney. Adele Rapport is substituted for Katharine Kores as counsel for plaintiff. . Signed by Judge Jimm Larry Hendren on 03/31/2006. (els, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

10

ORDER Setting/Resetting Hearings: Settlement Conference set for 7/11/2006 11:00 AM before Beverly Stites Jones. Signed by Judge Beverly Stites Jones on May 25, 2006. (djm) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

11

ORDER Cancelling Settlement Conference. Signed by Judge Beverly Stites Jones on July 5, 2006. (djm) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

12

CONSENT JUDGMENT. Signed by Judge Jimm Larry Hendren on July 27, 2006. (Attachments: # 1 Appendix A - Notice; # 2 Appendix B - Neutral Reference)(jn)

1 Appendix A - Notice

View on PACER

2 Appendix B - Neutral Reference

View on PACER

July 28, 2006

July 28, 2006

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 29, 2005

Closing Date: 2009

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

Hardee's of Southwest Missouri, Inc., 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: 8500

Order Duration: 2006 - 2009

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits