Case: EEOC v. POPEYES CHICKEN

4:06-cv-03061 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 29, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Houston District Office of the EEOC brought this suit against Houston Fast Foods which owns and operates a Popeye's franchise, in September of 2006, in the U.S. District Court for the Southern District of Texas. The suit was based on violations of Title VII, when a manager at a Popeye's sexually harassed female employees by groping them and other sexual advances, and retaliated against them by reducing hours and constructive termination. The parties settled the case within a week of the …

The Houston District Office of the EEOC brought this suit against Houston Fast Foods which owns and operates a Popeye's franchise, in September of 2006, in the U.S. District Court for the Southern District of Texas. The suit was based on violations of Title VII, when a manager at a Popeye's sexually harassed female employees by groping them and other sexual advances, and retaliated against them by reducing hours and constructive termination. The parties settled the case within a week of the case being filed through a consent decree issued on October 4th, 2006.

The consent decree contained monetary relief and injunctive relief. The damages paid totaled $126,000, with $86,000 going to two named complainants and the remainder going to a settlement fund for a class of women to be determined by the EEOC. The injunctions were designed to prevent Houston Fast Foods from discriminating on the basis of gender or retaliating against complainants in the future. They were to fire the manager who was responsible for the harassment and retaliation, as well as give future employers a negative reference as to this former employee. They were to apologize to the complainants and expunge their records. In addition they were required to provide annual training on sexual discrimination and retaliation to their employees, and initiate a new anti-harassment policy. The decree was to last for 36 months. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Alex Bean (6/12/2007)

People


Judge(s)

Stacy, Frances H. (Texas)

Judge(s)

Stacy, Frances H. (Texas)

Documents in the Clearinghouse

Document

4:06-cv-03061

Docket (PACER)

Equal Employment Opportunity Commission v. Houston Fast Foods

Oct. 4, 2006

Oct. 4, 2006

Docket
1

4:06-cv-03061

Complaint

Equal Employment Opportunity Commission v. Houston Fast Foods d/b/a Popeye's Chicken

Sept. 29, 2006

Sept. 29, 2006

Complaint
4

4:06-cv-03061

Consent Decree

Equal Employment Opportunity Commission v. Houston Fast Foods d/b/a Popeye's

Oct. 2, 2006

Oct. 2, 2006

Settlement Agreement

Resources

Docket

Last updated July 22, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Houston Fast Foods d/b/a Popeye's (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(McFerren, Aimee) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

2

ANSWER to Complaint by Houston Fast Foods, filed.(John, Stephanie) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

3

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/6/2007 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. ( Judge Melinda Harmon ) Parties notified. (blacy, ) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

4

Joint MOTION for Entry of Order re: by all parties, filed. Motion Docket Date 10/23/2006. (Attachments: # 1 Consent Decree)(John, Stephanie) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

5

CONSENT DECREE Granting the 4 Joint MOTION for Entry of Consent Decree. Case terminated on Oct 4, 2006.( Signed by Judge Melinda Harmon ) Parties notified.(psmith, ) (Entered: 10/05/2006)

Oct. 4, 2006

Oct. 4, 2006

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

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

Houston Fast Foods (Houston), 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: 126000

Order Duration: 2006 - 2009

Content of Injunction:

Expungement of Employment Record

Apology

Discrimination Prohibition

Neutral/Positive Reference

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits