Case: EEOC v. FREEWAY FOODS, INC., dba WAFFLE HOUSE

5:98-cv-00322 | U.S. District Court for the Eastern District of North Carolina

Filed Date: April 21, 1998

Closed Date: Sept. 29, 1998

Clearinghouse coding complete

Case Summary

The Charlotte District Office of the EOOC brought this action in the U.S. District Court for the Eastern District of North Carolina against Freeway Foods, Inc., d/b/a Waffle House Restaurants. The complaint, filed in April 1998, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964, but we do not have access to the complaint.Prior to discovery the parties reached a settlement agreement and a consent decree was entered in September 1998. The decree, which was valid…

The Charlotte District Office of the EOOC brought this action in the U.S. District Court for the Eastern District of North Carolina against Freeway Foods, Inc., d/b/a Waffle House Restaurants. The complaint, filed in April 1998, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964, but we do not have access to the complaint.

Prior to discovery the parties reached a settlement agreement and a consent decree was entered in September 1998. The decree, which was valid for two years, required Defendant to comply with all anti-discrimination laws; pay the charging parties an amount that was not disclosed in the decree, place the employee who harassed the charging parties on probation for one year; provide the charging parties with neutral employment references; distribute an anti-discrimination policy to each new employee and post the notice in each of its store, provide sexual harassment training to its employees, both supervisory and non-supervisory; and provide the EEOC with semi-annual reports regarding any complaints of sexual harassment known to Defendant.

Summary Authors

Kevin Wilemon (6/4/2007)

Documents in the Clearinghouse

Document

5:98-cv-00322

Docket (PACER)

EEOC v. Freeway Foods, Inc.

Sept. 29, 1998

Sept. 29, 1998

Docket
7

5:98-cv-00322

Consent Decree

Equal Employment Opportunity Commission v. Freeway Foods, Inc. d/b/a Waffle House Restaurants

Sept. 29, 1998

Sept. 29, 1998

Settlement Agreement
8

5:98-cv-00322

Order [dismissing case]

Equal Employment Opportunity Commission v. Freeway Foods, Inc., d/b/a Waffle House Restaurants

Sept. 29, 1998

Sept. 29, 1998

Order/Opinion

Resources

Docket

Last updated July 20, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed - Employment: Harassment & Hostile Work Environ. JURY DEMAND. (js) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

(js) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

No summons issued - Waiver of Service (js) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

2

Answer to Complaint by Freeway Foods, Inc. (fdc) (Entered: 07/09/1998)

July 6, 1998

July 6, 1998

3

Request for Discovery Plan: Discovery Plan due by 7/29/98; copies served. (fdc) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

4

Joint motion by EEOC, Freeway Foods, Inc. to extend time , to submit discovery plan ; copy of motion and proposed order to USMJ Dixon. (fdc) (Entered: 08/04/1998)

July 29, 1998

July 29, 1998

5

Order granting [4-1] joint motion to extend time, granting [4-2] joint motion to submit discovery plan, reset Discovery Plan due on 8/27/98 signed by USMJ Wallace Dixon. Copies served. (fdc) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

Informed by counsel, Bill Kenny, that case has settled. Proposed Consent Judgment forthcoming. (js) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

Received letter from mediator J. Harkavy advising that this matter settled at mediation and that closing papers should be forthcoming. (sc) (Entered: 08/26/1998)

Aug. 26, 1998

Aug. 26, 1998

6

Joint motion by EEOC, Freeway Foods, Inc. for entry of consent decree (js) (Entered: 09/23/1998)

Sept. 23, 1998

Sept. 23, 1998

Motion(s) submitted: [6-1] joint motion for entry of consent decree submitted to J. Britt on 9/23/98. (js) (Entered: 09/23/1998)

Sept. 23, 1998

Sept. 23, 1998

7

Consent Decree for EEOC against Freeway Foods, Inc. signed by Britt, J. OB Ref: BR O. B. #12, p. 142. served. (js) Modified on 09/29/1998 (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

8

Order granting [6-1] joint motion for entry of consent decree, dismissing case with prejudice . Ct. retains jurisdiction to enforce the consent decree. signed by Britt, J. BR O. B. #12, p. 143. cys. served. (js) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

Case closed np (js) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 21, 1998

Closing Date: Sept. 29, 1998

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

Freeway Foods, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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

Order Duration: 1998 - 2000

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits