Case: EEOC v. Outback Steakhouse of Florida

1:06-cv-01935 | U.S. District Court for the District of Colorado

Filed Date: Sept. 28, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender in violation of Title VII of the Civil Rights Act of 1964. Individual complaining parties intervened in the lawsuit in November 2006,…

In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender in violation of Title VII of the Civil Rights Act of 1964. Individual complaining parties intervened in the lawsuit in November 2006, November 2007, and September 2007.

Specifically, the plaintiffs alleged that the defendants had discriminated against women employees by failing to hire or promote women to management positions and for failing to offer equal conditions of employment, especially as related to training and opportunities for advancement.

The parties engaged in discovery between 2006 and 2008.

On December 29, 2009, Judge Christine M. Arguello approved of a consent decree granting injunctive relief to the plaintiff. In addition to prohibiting retaliatory treatment towards any employees involved in this lawsuit, the Consent Decree also prohibits Outback from "discriminating against any employee or applicant on the basis of gender, in hiring, promotions, pay, terms and conditions of employment including providing women less favorable job assignments, less training opportunities, less opportunity for advancement, or creating or condoning a gender-based hostile work environment." The same "training and conditions of employment" should be available to all employees, and "scheduling and assignment of work shall be made in an equal and nondiscriminatory manner." The consent decree was scheduled to last four years. As there is no additional noteworthy activity reflected in the docket sheet, presumably the case closed in 2013.

Summary Authors

David Friedman (5/29/2008)

Sean Mulloy (10/30/2017)

Rachel Barr (4/1/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4777236/parties/equal-employment-opportunity-commission-v-outback-steakhouse-of-florida/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorney for Plaintiff

Fuller, Ann Louise (Colorado)

Attorney for Defendant

Collins, John L. (Texas)

Expert/Monitor/Master/Other

Feiger, Lynn D. (Colorado)

Documents in the Clearinghouse

Documents in this case

1:06-cv-01935

Docket [PACER]

Equal Employment Opportunity Commission v. Outback Steakhouse of Florida, Inc.

Jan. 11, 2010

Jan. 11, 2010

Docket
1

1:06-cv-01935

Complaint

EEOC v. Outback Steakhouse of Florida, Inc.

Sept. 28, 2006

Sept. 28, 2006

Complaint
10

1:06-cv-01935

Complaint in Intervention

EEOC v. Outback Steakhouse, Inc.

Dec. 4, 2006

Dec. 4, 2006

Complaint
24

1:06-cv-01935

Amended Complaint in Intervention

EEOC v. Outback Steakhouse, Inc.

Jan. 26, 2007

Jan. 26, 2007

Complaint
25

1:06-cv-01935

EEOC's First Amended Complaint

EEOC v. Outback Steakhouse, Inc.

Jan. 30, 2007

Jan. 30, 2007

Complaint
41

1:06-cv-01935

Order [Regarding Motion for Protective Order]

EEOC v. Outback Steakhouse, Inc.

March 1, 2007

March 1, 2007

Order/Opinion
151

1:06-cv-01935

Order and Memorandum of Decision granting Defendant Motion to Dismiss

EEOC v. Outback Steak House of Florida, Inc.

Aug. 27, 2007

Aug. 27, 2007

Order/Opinion
158

1:06-cv-01935

Second Amended Complaint in Intervention and Jury Demand

EEOC v. Outback Steakhouse of Florida, Inc.

Sept. 10, 2007

Sept. 10, 2007

Complaint
207

1:06-cv-01935

Complaint in Intervention and Jury Demand

EEOC v. Outback Steakhouse of Florida, Inc.

Nov. 2, 2007

Nov. 2, 2007

Complaint
396

1:06-cv-01935

Consent Decree

EEOC v. Outback Steakhouse of Florida, Inc.

Dec. 29, 2009

Dec. 29, 2009

Settlement Agreement

2009 WL 5177751

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4777236/equal-employment-opportunity-commission-v-outback-steakhouse-of-florida/

Last updated July 20, 2026, 5:25 a.m.

Docket for: Equal Employment Opportunity Commission v. Outback Steakhouse of Florida, Inc.
ECF Number Date Description Link
1 Sept. 28, 2006

COMPLAINT and Jury Trial Demand against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(pap, ) (Entered: 09/29/2006)

1 Civil Cover Sheet

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RECAP
2 Sept. 29, 2006

ORDER of Recusal. Judge Krieger recuses herself. Clerk to reandomly reassign this case and adjust the draw of future cases. Signed by Judge Marcia S. Krieger on 9/29/06. (gmssl, )

RECAP
3 Oct. 2, 2006

LETTER REASSIGNING CASE. Case reassigned to Judge Edward W. Nottingham for all further proceedings. Judge Marcia S. Krieger is no longer assigned to case. (gms, ) (Entered: 10/02/2006)

RECAP
4 Oct. 3, 2006

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Nottingham. Dispositive Motions due by 5/28/2007. (ewnsec, ) (Entered: 10/03/2006)

RECAP
5 Oct. 11, 2006

ORDER : Scheduling Conference set for 12/7/2006 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 10/11/06. (gms, )

RECAP
6 Nov. 13, 2006

MOTION to Intervene as Party Plaintiffs by Interested Parties Kelly Altizer, Jennifer Turner-Rieger. (Attachments: # 1 Exhibit 1# 2 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 11/13/2006)

1 Exhibit 1

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2 Proposed Order (PDF Only)

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RECAP
7 Nov. 14, 2006

ORDER granting Plaintiff'Intervenors 6 Motion to Intervene. Complaint to be filed electronically no later than 12/4/06. Signed by Judge Edward W. Nottingham on 11/14/06.(gmssl, )

RECAP
8 Nov. 27, 2006

MINUTE ORDER Scheduling Conference is VACATED and RESET for 12/15/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 11/27/06. (pap, ) (Entered: 11/27/2006)

RECAP
9 Dec. 1, 2006

MINUTE ORDER Scheduling Conference is VACATED and RESET to 1/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Entered by Magistrate Judge Boyd N. Boland on 12/1/06. (pap, ) (Entered: 12/01/2006)

RECAP
10 Dec. 4, 2006

INTERVENOR COMPLAINT against Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Partners, Inc. d/b/a Outback Steakhouse, filed by Kelly Altizer, Jennifer Turner-Rieger.(Struble, Stephanie) (Entered: 12/04/2006)

RECAP
11 Dec. 4, 2006

WAIVER OF SERVICE Returned Executed by Kelly Altizer, Jennifer Turner-Rieger. Outback Steakhouse of Florida, Inc. waiver sent on 12/1/2006, answer due 1/30/2007; OS Restaurant Partners, Inc. waiver sent on 12/1/2006, answer due 1/30/2007. (Struble, Stephanie) (Entered: 12/04/2006)

RECAP
12 Dec. 4, 2006

NOTICE of Entry of Appearance by Steven Woodrow Moore on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Moore, Steven) (Entered: 12/04/2006)

RECAP
13 Dec. 4, 2006

NOTICE of Entry of Appearance by Richard Saul Mandelson on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Mandelson, Richard) (Entered: 12/04/2006)

RECAP
14 Dec. 4, 2006

CORPORATE DISCLOSURE STATEMENT by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mandelson, Richard) (Entered: 12/04/2006)

RECAP
15 Dec. 4, 2006

NOTICE of Entry of Appearance by Stacy Dian Mueller on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Mueller, Stacy) (Entered: 12/04/2006)

RECAP
16 Dec. 5, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Outback Steakhouse of Florida, Inc. waiver sent on 12/1/2006, answer due 1/30/2007; OS Restaurant Partners, Inc. waiver sent on 12/1/2006, answer due 1/30/2007. (Kittle, Rita) (Entered: 12/05/2006)

RECAP
17 Dec. 19, 2006

MINUTE ORDER Scheduling Conference is VACATED and RESET to 2/14/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 12/19/06. (pap, ) (Entered: 12/19/2006)

RECAP
18 Dec. 19, 2006

Unopposed MOTION For Extension of Time to File Dispositive Motions by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 12/19/2006)

RECAP
19 Dec. 20, 2006

MINUTE ORDER granting 18 Motion for Extension of Time to File Dispositive Motions. Dispositive motions shall be filed by August 31, 2007. Entered by Judge Edward W. Nottingham on 12/20/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 12/20/2006)

RECAP
20 Dec. 20, 2006

Utility Resetting Deadlines: Dispositive Motions due by 8/31/2007. Text only entry - no document attached. (ewnsec, ) (Entered: 12/20/2006)

RECAP
21 Jan. 16, 2007

MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Proposed Document Protective Order)(Mandelson, Richard) (Entered: 01/16/2007)

1 Exhibit A

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Proposed Document Protective Order

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RECAP
22 Jan. 16, 2007

MEMORANDUM regarding 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 1/16/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 01/16/2007)

RECAP
23 Jan. 19, 2007

MINUTE ORDER Setting Hearing on Motion 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6), Motion Hearing set for 3/1/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to the Motion on or before 2/6/07. Entered by Magistrate Judge Boyd N. Boland on 1/18/07. (pap, ) (Entered: 01/19/2007)

RECAP
24 Jan. 26, 2007

AMENDED COMPLAINT In Intervention and Jury Demand against all defendants, filed by Kelly Altizer, Jennifer Turner-Rieger.(Struble, Stephanie) (Entered: 01/26/2007)

RECAP
25 Jan. 30, 2007

AMENDED COMPLAINT against OS Restaurant Services, Inc. and against Outback Steakhouse of Florida, Inc., filed by Equal Employment Opportunity Commission.(Kittle, Rita) (Entered: 01/30/2007)

RECAP
26 Jan. 30, 2007

ANSWER to Amended Complaint . EEOC's First Amended Complaint by Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Mandelson, Richard) (Entered: 01/30/2007)

RECAP
27 Jan. 30, 2007

ANSWER to Amended Complaint In Intervention and Jury Demand by Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Mandelson, Richard) (Entered: 01/30/2007)

RECAP
28 Jan. 30, 2007

MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Unpublished - Bexley# 6 Unpublished - Riggs# 7 Unpublished - Minne)(Mandelson, Richard) (Entered: 01/30/2007)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Unpublished - Bexley

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6 Unpublished - Riggs

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7 Unpublished - Minne

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RECAP
29 Feb. 5, 2007

Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order [Dkt #21] by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 02/05/2007)

RECAP
30 Feb. 6, 2007

MEMORANDUM regarding 29 Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order [Dkt #21] filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 2/6/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 02/06/2007)

RECAP
31 Feb. 6, 2007

MINUTE ORDER Granting 29 EEOC's Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order. Plaintiff shall respond on or before 2/9/07. Entered by Magistrate Judge Boyd N. Boland on 2/6/07.(pap, ) (Entered: 02/06/2007)

RECAP
32 Feb. 7, 2007

Proposed Scheduling Order by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner-Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Struble, Stephanie) (Entered: 02/07/2007)

RECAP
33 Feb. 9, 2007

BRIEF in Opposition re 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Affidavit # 14 Exhibit # 15 Appendix # 16 Appendix # 17 Appendix # 18 Appendix # 19 Appendix # 20 Appendix # 21 Appendix)(Kittle, Rita) (Entered: 02/09/2007)

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13 Affidavit

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RECAP
34 Feb. 14, 2007

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 2/14/2007. Discovery due by 7/31/2007.Dispositive Motions due by 8/31/2007.Proposed Pretrial Order due by 5/29/2007.Preliminary Pretrial Conference set for 6/5/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (Court Reporter FTR-G. Mattei.) (bnbcd, ) (Entered: 02/14/2007)

RECAP
35 Feb. 14, 2007

SCHEDULING ORDER: Signed by Magistrate Judge Boyd N. Boland on 2/14/07. (pap, ) (Entered: 02/14/2007)

RECAP
36 Feb. 14, 2007

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 02/14/2007)

1 Proposed Order (PDF Only)

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RECAP
37 Feb. 14, 2007

MINUTE ORDER granting 36 Motion for Extension of Time to File Response re 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer. The response shall be filed no later than March 2, 2007. Entered by Judge Edward W. Nottingham on 2/14/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 02/14/2007)

RECAP
38 Feb. 14, 2007

MINUTE ORDER Proposed Pretrial Order due by 5/29/2007, Preliminary Pretrial Conference set for 6/5/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Entered by Magistrate Judge Boyd N. Boland on 02/14/07. (pap, ) (Entered: 02/14/2007)

RECAP
39 Feb. 21, 2007

STIPULATION for Extension of Time To Respond to Discovery Requests by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 02/21/2007)

RECAP
40 Feb. 23, 2007

REPLY to Response to Motion re 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit A - Affidavit of W. Robert Donovan, Jr.)(Mandelson, Richard) (Modified on 2/26/2007 to remove excess entry)(pap2, ). (Entered: 02/23/2007)

1 Exhibit A - Affidavit of W. Robert Donovan, Jr.

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RECAP
41 March 1, 2007

ORDER Granting in part and Denying in part 21 Defendants' Motion for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition of OS Restaurant Services, Inc. Defendants shall make supplemental discovery responses consistent with this order on or before 3/30/07. Signed by Magistrate Judge Boyd N. Boland on 3/1/07.(pap, )

RECAP
42 March 1, 2007

MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 03/01/2007)

RECAP
43 March 1, 2007

MEMORANDUM regarding 42 MOTION to Withdraw as Attorney filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 3/1/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 03/01/2007)

RECAP
44 March 1, 2007

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 3/1/2007.ORDERED:Defendants motion for protective order regarding plaintiff EEOCs first and second requests for production of documents and plaintiff EEOCs notice of deposition of OS Restaurant Service, Inc. pursuant to F.R.C.P. 30(b)(6) (1/16/07 #21) is granted in part and denied in part. (Court Reporter FTR-G. Mattei.) (bnbcd, ) (Entered: 03/01/2007)

RECAP
45 March 2, 2007

MINUTE ORDER Granting 42 Motion to Withdraw as Attorney. Attorney Ann Louise Fuller terminated. Entered by Magistrate Judge Boyd N. Boland on 3/2/07.(pap, ) (Entered: 03/02/2007)

RECAP
46 March 2, 2007

RESPONSE to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer filed by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Deposition Excerpts 4# 5 Exhibit 5)(Struble, Stephanie) (Entered: 03/02/2007)

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5 Exhibit 5

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RECAP
47 March 5, 2007

MOTION to Bifurcate by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 03/05/2007)

RECAP
48 March 15, 2007

APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit A)(Mandelson, Richard) (Entered: 03/15/2007)

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RECAP
49 March 15, 2007

MOTION to Stay re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 03/15/2007)

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RECAP
50 March 15, 2007

MINUTE ORDER denying 49 Motion to Stay. Entered by Judge Edward W. Nottingham on 3/15/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 03/15/2007)

RECAP
51 March 16, 2007

Stipulated MOTION for Protective Order by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Stipulated Protective Order)(Mandelson, Richard) (Entered: 03/16/2007)

1 Proposed Stipulated Protective Order

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RECAP
52 March 16, 2007

MEMORANDUM regarding 51 Stipulated MOTION for Protective Order filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 3/16/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 03/16/2007)

RECAP
53 March 19, 2007

Unopposed MOTION For Extension of Time to for Defendants to File Reply in Support of Motion to Dismiss by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 03/19/2007)

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RECAP
54 March 19, 2007

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Boyd N. Boland on 3/16/07. (pap, )

RECAP
55 March 20, 2007

MINUTE ORDER granting 53 Motion for Extension of Time. Defendants may file their reply to the Motion to Dismiss by March 26, 2007. Entered by Judge Edward W. Nottingham on 3/20/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 03/20/2007)

RECAP
56 March 21, 2007

TRANSCRIPT of Motions Hearing held on 3-1-07 before Magistrate Judge Boland. Pages: 1-30. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 03/21/2007)

RECAP
57 March 22, 2007

STIPULATION for Extension of Time to Respond to Discovery Requests by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner-Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Struble, Stephanie) (Entered: 03/22/2007)

RECAP
58 March 22, 2007

Unopposed MOTION For Extension of Time to file Response to EEOC's Motion for Bifurcation by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 03/22/2007)

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RECAP
59 March 23, 2007

MINUTE ORDER granting 58 Motion for Extension of Time. Defendants shall have up to and including March 30, 2007, to file their response to the EEOC's Motion for Bifurcation. Entered by Judge Edward W. Nottingham on 3/23/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 03/23/2007)

RECAP
60 March 26, 2007

REPLY to Response to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Wenger Unpublished Case# 2 Exhibit Pate Unpublished Case# 3 Exhibit Scott Unpublished Case# 4 Exhibit Riazuddin Unpublished Case# 5 Exhibit Stephens Unpublished Case# 6 Exhibit Upshur Unpublished Case)(Mueller, Stacy) (Entered: 03/26/2007)

1 Exhibit Wenger Unpublished Case

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2 Exhibit Pate Unpublished Case

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3 Exhibit Scott Unpublished Case

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4 Exhibit Riazuddin Unpublished Case

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5 Exhibit Stephens Unpublished Case

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6 Exhibit Upshur Unpublished Case

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RECAP
61 March 27, 2007

Docket Annotation re: 60 Reply to Response to Motion, Reply pdf is not attached, counsel to refile. Text only entry - no document attached. (pap2, ) (Entered: 03/27/2007)

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62 March 27, 2007

REPLY to Response to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Wenger Unpublished Case# 2 Exhibit Pate Unpublished Case# 3 Exhibit Scott Unpublished Case# 4 Exhibit Riazuddin Unpublished Case# 5 Exhibit Stephens Unpublished Case# 6 Exhibit Upshur Unpublished Case)(Mueller, Stacy) (Entered: 03/27/2007)

1 Exhibit Wenger Unpublished Case

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2 Exhibit Pate Unpublished Case

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3 Exhibit Scott Unpublished Case

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4 Exhibit Riazuddin Unpublished Case

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5 Exhibit Stephens Unpublished Case

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6 Exhibit Upshur Unpublished Case

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RECAP
63 March 30, 2007

RESPONSE to Motion re 47 MOTION to Bifurcate filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 03/30/2007)

RECAP
64 April 2, 2007

RESPONSE to 48 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 04/02/2007)

RECAP
65 April 3, 2007

STIPULATION for Extension of Time to Respond to Plaintiff Equal Employment Opportunity Commission's Third Request for Production of Documents and Electronically Stored Information by Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mandelson, Richard) (Entered: 04/03/2007)

RECAP
66 April 11, 2007

MOTION to Intervene as Party Plaintiff by Interested Party Heather Joffe. (Attachments: # 1 Exhibit 1# 2 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 04/11/2007)

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2 Proposed Order (PDF Only)

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67 April 11, 2007

Exhibits in Support of 66 MOTION to Intervene as Party Plaintiff by Interested Party Heather Joffe. (Struble, Stephanie) (Entered: 04/11/2007)

RECAP
68 April 12, 2007

Stipulated MOTION to Amend/Correct/Modify 35 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 04/12/2007)

RECAP
69 April 12, 2007

MEMORANDUM regarding 68 Stipulated MOTION to Amend 35 Scheduling Order filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/12/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 04/12/2007)

RECAP
70 April 13, 2007

ORDER Denying as premature 68 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/13/07.(pap, )

RECAP
71 April 13, 2007

STATEMENT re 28 MOTION to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer, 46 Response to Motion, Ratification of Bankruptcy Trustee by Intervenor Plaintiff Kelly Altizer. (Struble, Stephanie) (Entered: 04/13/2007)

RECAP
72 April 16, 2007

MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 04/16/2007)

RECAP
73 April 17, 2007

MEMORANDUM regarding 72 MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/17/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 04/17/2007)

RECAP
74 April 17, 2007

REPLY to Response to Motion re 21 MOTION for Protective Order,in Support of their Rule 72 Objections to March 1, 2007 Order Denying Motion for Protective Order filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.(Mueller, Stacy) (Modified on 4/18/2007 to remove duplicate text) (pap2, ). (Entered: 04/17/2007)

RECAP
75 April 19, 2007

RESPONSE to Motion re 72 MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 04/19/2007)

RECAP
76 April 20, 2007

MINUTE ORDER Defendant shall respond on or before 5/10/07 to 72 MOTION to Extend Deadline for Identification of Claimants: Motion Hearing set for 6/1/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 4/20/07. (pap, ) (Entered: 04/20/2007)

RECAP
77 April 25, 2007

MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 04/25/2007)

1 Proposed Order (PDF Only)

View on PACER

RECAP
78 April 25, 2007

MEMORANDUM regarding 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/25/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 04/25/2007)

RECAP
79 April 25, 2007

MINUTE ORDER Plaintiff shall respond on or before 5/14/07 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation : Setting Hearing on Motion, Motion Hearing set for 6/1/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 4/25/07. (pap, ) (Entered: 04/25/2007)

RECAP
80 April 27, 2007

RESPONSE to Motion re 66 MOTION to Intervene as Party Plaintiff filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 04/27/2007)

RECAP
81 May 14, 2007

REPLY to Response to Motion re 66 MOTION to Intervene as Party Plaintiff filed by Interested Party Heather Joffe. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Struble, Stephanie) (Entered: 05/14/2007)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

RECAP
82 May 15, 2007

Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 05/15/2007)

1 Proposed Order (PDF Only)

View on PACER

RECAP
83 May 15, 2007

RESPONSE to Motion re 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/15/2007)

RECAP
84 May 15, 2007

MEMORANDUM regarding 82 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Protective Order. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/15/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 05/15/2007)

RECAP
85 May 16, 2007

MINUTE ORDER Granting 82 Unopposed Motion for Extension of Time to File Response to 77 MOTION for Protective Order. Entered by Magistrate Judge Boyd N. Boland on 5/16/07.(pap, ) (Entered: 05/16/2007)

RECAP
86 May 29, 2007

MINUTE ORDER Motions Hearing is VACATED and RESET to 6/5/2007 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland re: 72 MOTION to Modify 35 Scheduling Order and 77 MOTION for Protective Order. Entered by Magistrate Judge Boyd N. Boland on 5/29/07. (pap, ) (Entered: 05/29/2007)

RECAP
87 May 29, 2007

MOTION For Extension of Time to Designate Expert Witnesses by Interested Party Heather Joffe, Intervenor Plaintiffs Kelly Altizer, Jennifer Turner-Rieger, Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/29/2007)

RECAP
88 May 29, 2007

MOTION to Compel Discovery by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Madden Declaration)(Kittle, Rita) (Entered: 05/29/2007)

1 Exhibit Madden Declaration

View on PACER

RECAP
89 May 29, 2007

MOTION For Extension of Time to Serve Expert Report by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Madden Declaration)(Kittle, Rita) (Entered: 05/29/2007)

1 Exhibit Madden Declaration

View on PACER

RECAP
90 May 29, 2007

MEMORANDUM regarding 89 MOTION For Extension of Time to Serve Expert Report filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 05/29/2007)

RECAP
91 May 29, 2007

MEMORANDUM regarding 88 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 05/29/2007)

RECAP
92 May 29, 2007

MEMORANDUM regarding 87 MOTION For Extension of Time to Designate Expert Witnesses filed by Jennifer Turner-Rieger, Kelly Altizer, Equal Employment Opportunity Commission, Heather Joffe. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 05/29/2007)

RECAP
93 May 29, 2007

Proposed Pretrial Order (Preliminary) by Interested Party Heather Joffe, Intervenor Plaintiffs Kelly Altizer, Jennifer Turner-Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Struble, Stephanie) (Entered: 05/29/2007)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

RECAP
94 May 30, 2007

MINUTE ORDER Setting Hearing on Motion 88 MOTION to Compel Discovery, 87 MOTION For Extension of Time to Designate Expert Witnesses, 89 MOTION For Extension of Time to Serve Expert Report : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Responses to Motions are due on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 5/30/07. (pap, ) (Entered: 05/30/2007)

RECAP
95 May 30, 2007

MINUTE ORDER Resetting Hearing on Motion 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation : Motion Hearing is RESET to 03:00 PM on 6/5/2007 in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 5/30/07. (pap, ) (Entered: 05/30/2007)

RECAP
96 May 31, 2007

MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/31/2007)

RECAP
97 May 31, 2007

MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order re Motion for Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents)(Mueller, Stacy) (Entered: 05/31/2007)

1 Proposed Order (PDF Only) Proposed Order re Motion for Extension of Time to Resp

View on PACER

RECAP
98 May 31, 2007

MEMORANDUM regarding 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc., 96 MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/31/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 05/31/2007)

RECAP
99 June 1, 2007

ORDER Setting Hearing on Motion 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to motion on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 6/1/07. (pap, ) (Entered: 06/01/2007)

RECAP
100 June 1, 2007

MINUTE ORDER Setting Hearing on Motion 96 MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant shall respond to this motion on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 6/1/07. (pap, ) (Entered: 06/01/2007)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

OS Restaurant Partners, Inc.

OS Restaurant Services, Inc.

Outback Steakhouse of Florida, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of Colorado 1:06-cv-01935

U.S. Court of Appeals for the Tenth Circuit 09-01333

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Amount Defendant Pays: 19,000,000

Order Duration: 2009 - 2013

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Treatment

Hiring

Promotion

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation