Case: EEOC v. DEES FAMILY RESTAURANT

2:05-cv-00282 | U.S. District Court for the District of Utah

Filed Date: March 31, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 31, 2005, the Phoenix and Salt Lake City offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Dee's Family Restaurants in the U.S. District Court for the District of Utah. The EEOC alleged that the defendants had violated the rights of a class of female employees by subjecting them to a hostile work environment, wherein they were sexually harassed by male employees.On May 20, 2005, three of the complaintants filed a motion to intervene as plai…

On March 31, 2005, the Phoenix and Salt Lake City offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Dee's Family Restaurants in the U.S. District Court for the District of Utah. The EEOC alleged that the defendants had violated the rights of a class of female employees by subjecting them to a hostile work environment, wherein they were sexually harassed by male employees.

On May 20, 2005, three of the complaintants filed a motion to intervene as plaintiffs in the case. On August 18, 2005, the parties filed a consent decree, which the district court adopted four days later. Under the terms of the decree, defendants were ordered to pay complaintants a total of $60,000 in damages within 15 days of the entry of the consent decree. This sum would be divided among the complaintants and their attorney in an unspecified manner. In addition, within 3 months of the decree, defendant was required to hold annual 2-hour training seminars on the avoidance of employment discrimination. Six months after the decree was adopted by the district court, and at the end of the same year, the defendants were required to report to the EEOC by sending a copy of the revised employee handbook, as well as the identity and contact information for any person against whom an allegation of employment discrimination had been made. They were also required to send the EEOC a list of all persons who had signed the roll of attendance at the employment discrimination seminars.

Summary Authors

Kristen Sagar (2/14/2008)


Attorneys(s) for Plaintiff

Christensen, Carlie (Utah)

Attorneys(s) for Plaintiff

Christensen, Carlie (Utah)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Dees

Aug. 22, 2005 Docket
1

Complaint and Jury Trial Demand

EEOC v. Dee's, Inc.

March 31, 2005 Complaint
20

Consent Decree

EEOC v. Dee's, Inc.

Aug. 22, 2005 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

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… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint filed, assigned to Judge Paul G. Cassell (kla) (Entered: 04/01/2005)

March 31, 2005
2

Motion and Order signed by Judge Paul G. Cassell , 4/1/05 Granting motion/PHV for Attorney Mary Jo O'Neill, Sally Shanley on behalf of plaintiff EEOC cc:attys (asp) (Entered: 04/05/2005)

April 4, 2005
4

MOTION to Stay filed by Defendant Dee's. (asp, ) (Entered: 05/04/2005)

May 3, 2005
5

MEMORANDUM in Support re 4 MOTION to Stay filed by Defendant Dee's. (asp, ) (Entered: 05/04/2005)

May 3, 2005
6

MOTION to Intervene as plaintiffs. (asp) (Entered: 05/23/2005)

May 20, 2005
7

MEMORANDUM in Support re 6 MOTION to Intervene filed by Movants Breeanna Bonnell, Diann Dutweiler, Karanette Gallegos. (asp) (Entered: 05/23/2005)

May 20, 2005
8

STIPULATED MOTION for Extension of Time until 6/1/05 for pla to File Response/Reply as to 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission, Defendant Dee's. (asp) (Entered: 05/24/2005)

May 24, 2005
9

ORDER (no image attached) granting 8 Motion for Extension of Time to File Response/Reply re 4 MOTION to Stay Response due by 6/1/2005.Signed by Judge Paul G. Cassell on May 25, 2005. (tkc, ) (Entered: 05/25/2005)

May 25, 2005
10

ORDER (no image attached) granting joint motion for extension of time. As stated in the stipulation, the EEOC shall file its response to Dee's Motion to Stay by no later than June 1, 2005. Signed by Judge Paul G. Cassell on May 31, 2005. (tkc, ) (Entered: 05/31/2005)

May 31, 2005
11

RESPONSE in opposition to Motion re 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission. (asp) (Entered: 06/02/2005)

June 1, 2005
12

MEMORANDUM in Opposition re 4 MOTION to Stay filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits)(asp) (Entered: 06/02/2005)

June 1, 2005
13

MEMORANDUM in Opposition re 6 MOTION to Intervene filed by Defendant Dee's. (asp) (Entered: 06/06/2005)

June 3, 2005
14

MOTION/ORDER granting motion for Admission Pro Hac Vice for of C. Emanuel Smith for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Paul G. Cassell on 6/6/05. (asp) (Entered: 06/08/2005)

June 7, 2005
15

REPLY to Response to Motion re 4 MOTION to Stay filed by Defendant Dee's. (asp) (Entered: 06/09/2005)

June 8, 2005
16

ORDER granting 4 Motion to Stay . Signed by Judge Paul G. Cassell on June 10, 2005. (tkc, ) (Entered: 06/10/2005)

June 10, 2005
17

DECLARATION of Sally Shanley filed by Equal Employment Opportunity Commission. (asp) (Entered: 06/24/2005)

June 24, 2005
18

ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Paul G. Cassell on 08/12/2005. (yre) (Entered: 08/12/2005)

Aug. 12, 2005
20

ORDER/CONSENT DECREE. Signed by Judge Paul G. Cassell on 8/22/05. (asp) (Entered: 08/23/2005)

Aug. 22, 2005
21

ORDER granting 19 Motion for entry of Consent Decree . Signed by Judge Paul G. Cassell on 8/22/05. (asp) (Entered: 08/23/2005)

Aug. 22, 2005

Case no longer referred to Brooke C. Wells. (asp) (Entered: 08/23/2005)

Aug. 22, 2005

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 31, 2005

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

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dee's (Midvale), 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: 60000

Order Duration: 2005 - 2006

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Recordkeeping

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit