Case: EEOC v. HARMAN-CHIU INC. KFC/TACO BELL

5:05-cv-03615 | U.S. District Court for the Northern District of California

Filed Date: Sept. 8, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the San Francisco District Office of the EEOC brought this suit against Harman-Chiu, Inc., d/b/a KFC/Taco Bell, and Harman-Management Corporation in the U.S. District Court for the Northern District of California alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the charging parties and other similarly situated female employees to a sexually hostile work env…

In September 2005, the San Francisco District Office of the EEOC brought this suit against Harman-Chiu, Inc., d/b/a KFC/Taco Bell, and Harman-Management Corporation in the U.S. District Court for the Northern District of California alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the charging parties and other similarly situated female employees to a sexually hostile work environment and retaliated against them by reducing their hours and terminating them. Three charging parties intervened in the suit in February 2006. After some scheduling orders, the parties participated in mediation in May 2006 and settled in September 2006 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendants to: revise and distribute their EEO policies, develop complaint procedures, post notices of the decree, provide annual sexual harassment training for all employees, report to the EEOC at specified intervals, and pay $349,800. The defendants also agreed to provide the charging parties with neutral references, expunge their personnel files from all references to the charges of discrimination, and to provide them with an apology letter. The parties and intervenors stipulated to dismissal of the claims in October 2006; in October 2009, upon satisfaction of the consent decree, the EEOC moved for dismissal all claims, which was granted on October 27, 2009.

Summary Authors

Michele Marxkors (7/11/2007)

Rachel Barr (3/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5741315/parties/equal-employment-opportunity-commision-v-hartman-chiu-inc/


Judge(s)

Fogel, Jeremy D. (California)

Tamayo, William Robert (California)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Fierro (Colorado)

Peck, Jonathan T. (California)

Attorneys(s) for Defendant

Bird, David L. (Utah)

Boehm, Bruce J. (Utah)

Other Attorney(s)

Active

Active

Judge(s)

Fogel, Jeremy D. (California)

Tamayo, William Robert (California)

Attorneys(s) for Plaintiff

Hernandez, Evangelina Fierro (Colorado)

Peck, Jonathan T. (California)

Attorneys(s) for Defendant

Bird, David L. (Utah)

Boehm, Bruce J. (Utah)

Other Attorney(s)

Reisch, Jennifer Abby (California)

Villegas, Virginia (California)

Documents in the Clearinghouse

Document

5:05-cv-03615

Docket [PACER]

Equal Employment Opportunity Commision v. Hartman-Chiu, Inc.

Nov. 17, 2009

Nov. 17, 2009

Docket
25

5:05-cv-03615

Complaint in Intervention

EEOC, Sandra Vargas, Esther Hernandez, and Marivel Hernandez v. Harman-Chiu, Inc., d/b/a KFC/Taco Bell, Harman Management Corporation, Jorge Garcia

Feb. 17, 2005

Feb. 17, 2005

Complaint
1

5:05-cv-03615

Complaint

EEOC v. Harman-Chiu, Inc., d/b/a KFC/Taco Bell

Sept. 8, 2005

Sept. 8, 2005

Complaint
26

5:05-cv-03615

First Amended Complaint

EEOC v. Harman-Chiu, Inc., d/b/a KFC/Taco Bell and Harman-Management Corporation

Feb. 18, 2006

Feb. 18, 2006

Complaint
48

5:05-cv-03615

Consent Decree

EEOC, Sandra Vargas, Esther Hernandez, and Marivel Hernandez v. Harman-Chiu, Inc., d/b/a KFC/Taco Bell, Harman Management Corporation, Inc., Jorge Garcia

Sept. 26, 2006

Sept. 26, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5741315/equal-employment-opportunity-commision-v-hartman-chiu-inc/

Last updated Aug. 1, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
17

ORDER re 12 Stipulation filed by Equal Employment Opportunity Commision,. Signed by Judge Jeremy Fogel on 12/28/05. (jfsec, COURT STAFF) (Filed on 1/4/2006)

Jan. 4, 2006

Jan. 4, 2006

RECAP
1

COMPLAINT for Civil Rights − Employment Discrimination (Summons Issued); juiry demand; (Fee Waived) against Hartman−Chiu, Inc.. Filed byEqual Employment Opportunity Commision. (bw, COURT STAFF) (Filed on 9/8/2005) Additional attachment(s) added on 9/13/2005 (bw, COURT STAFF). (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

31

ORDER GRANTING REQUEST TO EXTEND DEADLINE TO COMPLETE MEDIATION. Signed by Judge Jeremy Fogel on 4/4/06. (jfsec, COURT STAFF) (Filed on 4/6/2006)

April 6, 2006

April 6, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 1/3/2006. Case Management Conference set for 1/10/2006 01:30 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 9/8/2005) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

36

ORDER EXTENDING TIME TO FILE JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeremy Fogel on 5/2/06. (jfsec, COURT STAFF) (Filed on 5/3/2006)

May 3, 2006

May 3, 2006

RECAP

Summons Issued as to Hartman−Chiu, Inc.. (bw, COURT STAFF) (Filed on 9/9/2005) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

3

*** FILED IN ERROR. PLEASE SEE DOCKET # 4 . *** MOTION to Intervene as Party Plaintiffs filed by Sandra Vargas. Motion Hearing set for 1/3/2006 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Reisch, Jennifer) (Filed on 11/21/2005) Modified on 11/21/2005 (ewn, COURT STAFF). (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

43

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 6/5/06. (dlm, COURT STAFF) (Filed on 6/6/2006)

June 6, 2006

June 6, 2006

RECAP
46

ORDER GRANTING STIPULATED REQUEST TO EXTEND TIME TO FILE THE CONSENT DECREE TO SEPTEMBER 18, 2006 re 45 Stipulation filed by Equal Employment Opportunity Commision,. Signed by Judge Jeremy Fogel on 9/11/06. (jfsec, COURT STAFF) (Filed on 9/11/2006)

Sept. 11, 2006

Sept. 11, 2006

RECAP
4

MOTION to Intervene as Party Plaintiffs filed by Sandra Vargas. Motion Hearing set for 1/3/2006 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: # 1 Proposed Order Granting Leave to Intervene# 2 Declaration ISO Motion for Leave to Intervene# 3 Exhibit Complaint in Intervention# 4 Notice of Motion and Motion for Leave to Intervene)(Reisch, Jennifer) (Filed on 11/21/2005) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

5

CERTIFICATE OF SERVICE by Sandra Vargas re 4 MOTION to Intervene as Party Plaintiffs (Reisch, Jennifer) (Filed on 11/21/2005) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

48

CONSENT DECREE re 47 Settlement Agreement filed by Equal Employment Opportunity Commision,. Signed by Judge Jeremy Fogel on 9/22/06. (jfsec, COURT STAFF) (Filed on 9/26/2006)

Sept. 26, 2006

Sept. 26, 2006

RECAP
50

ORDER DISMISSING THE MATTER WITH PREJUDICE re 49 Stipulation of Dismissal filed by Sandra Vargas,, Ester Hernandez,, Marivel Hernandez,. Signed by Judge Jeremy Fogel on 10/13/06. (jfsec, COURT STAFF) (Filed on 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

RECAP
6

ANSWER to Complaint byHartman−Chiu, Inc.. (Boehm, Bruce) (Filed on 11/23/2005) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

7

Declination to Proceed Before a U.S. Magistrate Judge by Hartman−Chiu, Inc. Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge . (Boehm, Bruce) (Filed on 11/23/2005) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

8

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 11/23/2005) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

9

ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel for all further proceedings. Magistrate Judge Howard R. Lloyd remains as the referraljudge. Signed by Executive Committee on November 23, 2005. (bw, COURT STAFF) (Filed on 11/23/2005) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

10

CLERK'S NOTICE Case Management Conference set for 1/13/2006 at 10:30 AM. (dlm, COURT STAFF) (Filed on 11/30/2005) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

11

Renotice motion hearing re 4 MOTION to Intervene as Party Plaintiffs , 3 MOTION to Intervene as Party Plaintiffs filed bySandra Vargas. Motion Hearing set for 2/3/2006 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Affidavit Proof of Service)(Reisch, Jennifer) (Filed on 12/2/2005) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

12

STIPULATION and (Proposed) Order Selecting ADR Process by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 12/20/2005) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

13

MOTION to Amend/Correct Complaint filed by Equal Employment Opportunity Commision. Motion Hearing set for 2/3/2006 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 (Proposed) Amended Complaint)(Hernandez, Evangelina) (Filed on 12/28/2005) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

14

Proposed Order to Plaintiff EEOC's Motion to Amend Complaint by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 12/28/2005) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

15

ACKNOWLEDGEMENT OF SERVICE Executed October 21, 2005 Acknowledgement filed by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 12/29/2005) (Entered: 12/29/2005)

Dec. 29, 2005

Dec. 29, 2005

16

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 1/4/2006) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

19

Statement of Non−Opposition To Plaintiff's Motion to Amend Complaint filed byHartman−Chiu, Inc.. (Boehm, Bruce) (Filed on 1/12/2006) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

20

Minute Entry: Initial Case Management Conference held on 1/13/2006 before Judge Jeremy Fogel (Date Filed: 1/18/2006). Continued to 5/12/2006 at 10:30 a.m. for further case management conference. (Court Reporter Not reported.) (dlm, COURT STAFF) (Date Filed: 1/18/2006) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

21

ADR Clerk's Notice Appointing Kristen W. Maloney as Mediator dated 1/19/2006. (af, COURT STAFF) (Filed on 1/19/2006) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

22

Letter dated 1/20/2006 from Mediator, Kristen W. Maloney, confirming her appointment and setting pre−session conference call on 2/8/2006 at 9:00 a.m. Counsel to confirm their availability for the conference call. (af, COURT STAFF) (Filed on 1/20/2006) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

23

ORDER by Judge Jeremy Fogel granting 13 Motion to Amend/Correct ; Plaintiff is required to E−FILE the amended document (jfsec, COURT STAFF) (Filed on 2/2/2006) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

24

ORDER GRANTING MOTION FOR LEAVE TO INTERVENE AS PARTY PLAINTIFFS by Judge Jeremy Fogel granting [3, 4] Motion to Intervene (jfsec, COURT STAFF) (Filed on 2/13/2006) (Entered: 02/13/2006)

Feb. 13, 2006

Feb. 13, 2006

25

First Intervenor COMPLAINT vs. Harman−Chiu, Inc., et al . Filed bySandra Vargas. (Villegas, Virginia) (Filed on 2/17/2006) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

26

AMENDED COMPLAINT against all defendants. Filed byEqual Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 2/18/2006) (Entered: 02/18/2006)

Feb. 18, 2006

Feb. 18, 2006

Set/Reset Hearings: Mediation Hearing set for 3/30/2006 09:30 AM., in the EEOC's office 350 The Embarcadero, Suite 500, San Francisco. Written statements exchanged and delivered to mediator by 3/23/2006. (af, COURT STAFF) (Filed on 2/21/2006) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

27

Harman−Chiu, Inc.'s ANSWER to Intervenor Complaint Answer to Complaint In Intervention byHartman−Chiu, Inc.. (Boehm, Bruce) (Filed on 3/6/2006) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

28

Defendant Harman−Chiu, Inc.'s Answer to the EEOC's First Amended Complaint ANSWER to Amended Complaint byHartman−Chiu, Inc.. (Boehm, Bruce) (Filed on 3/6/2006) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

29

STIPULATION Stipulated Motion and [Proposed] Order to Extend Deadline for Completing Mediation by HARMAN−MANAGEMENT CORPORATION. (Boehm, Bruce) (Filed on 4/3/2006) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

30

Letter to counsel dated 3/15/2006 from Mediator, Kristen W. Maloney, setting the mediation session on 5/3/2006 at 9:30 a.m. (af, COURT STAFF) (Filed on 4/4/2006) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

Set/Reset Hearings: Mediation Hearing set for 5/3/2006 09:30 AM. Please take note this date is beyond the mediation deadline and is subject to approval by the court. See # 29 . (af, COURT STAFF) (Filed on 4/4/2006) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

32

MOTION for Attorney David L. Bird for leave to appear in Pro Hac Vice (FILING FEE PAID) filed by Hartman−Chiu, Inc., HARMAN−MANAGEMENT CORPORATION. (gm, COURT STAFF) (Filed on 4/6/2006) (Entered: 04/07/2006)

April 6, 2006

April 6, 2006

Received Order re 32 MOTION for leave to appear in Pro Hac Vice by Hartman−Chiu, Inc., HARMAN−MANAGEMENT CORPORATION. (gm, COURT STAFF) (Filed on 4/6/2006) (Entered: 04/07/2006)

April 6, 2006

April 6, 2006

ADR Remark: Mediation deadline has been extended by 60 days see # 31 . (af, COURT STAFF) (Filed on 4/18/2006) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

Set/Reset Hearings: Mediation Hearing set for 5/3/2006 09:30 AM. Mediation statements due on 4/26/2006. (af, COURT STAFF) (Filed on 4/20/2006) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

34

STIPULATION and Proposed Order by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

35

CLERK'S NOTICE Case Management Conference RESCHEDULED for 5/12/2006 02:30 PM. (jfsec, COURT STAFF) (Filed on 5/2/2006) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

37

ORDER by Judge Jeremy Fogel granting 32 Motion for Attorney David L. Bird for admission Pro Hac Vice (gm, COURT STAFF) (Filed on 5/4/2006) (Entered: 05/05/2006)

May 4, 2006

May 4, 2006

38

JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 5/5/2006) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

41

Minute Entry: Further Case Management Conference held on 5/12/2006 before Judge Jeremy Fogel (Date Filed: 5/12/2006). Continued to 6/23/2006 at 10:30 a.m. for further case management conference. (Court Reporter Not reported.) (dlm, COURT STAFF) (Date Filed: 5/12/2006) (Entered: 05/18/2006)

May 12, 2006

May 12, 2006

39

ANSWER TO THIRD PARTY COMPLAINT 25 Intervenor Complaint Answer to Complaint in Intervention byHARMAN−MANAGEMENT CORPORATION. (Boehm, Bruce) (Filed on 5/17/2006) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

40

ANSWER TO THIRD PARTY COMPLAINT 25 Intervenor Complaint Answer to Complaint in Intervention byJorge Garcia. (Boehm, Bruce) (Filed on 5/17/2006) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

42

CERTIFICATION OF MEDIATION Session on 5/3/2006 filed by Mediator, Kristen W. Maloney, dated 5/18/2006. Case fully settled, mediation complete. (af, COURT STAFF) (Filed on 5/25/2006) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

44

STATUS REPORT Regarding The Resolution of the Case by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 8/31/2006) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

45

STIPULATION To File Consent Decree By September 18, 2006 by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 9/7/2006) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

47

SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commision, Equal Employment Opportunity Commision. (Attachments: # 1 Exhibit Exhibit A− Notice)(Hernandez, Evangelina) (Filed on 9/18/2006) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

51

STIPULATION of Dismissal Stipulation and Order for Dismissal With Prejudice by HARMAN−MANAGEMENT CORPORATION. (Boehm, Bruce) (Filed on 10/19/2006) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

53

MOTION to Dismiss filed by Equal Employment Opportunity Commision. (Hernandez, Evangelina) (Filed on 11/5/2009) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

54

ORDER by Judge Jeremy Fogel granting 53 Motion to Dismiss (dlm, COURT STAFF) (Filed on 11/17/2009) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

52

ORDER OF DISMISSAL re 51 Stipulation of Dismissal filed by HARMAN-MANAGEMENT CORPORATION,. Signed by Judge Jeremy Fogel on 10/24/06. (jfsec, COURT STAFF) (Filed on 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 8, 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

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jorge Garcia, Private Entity/Person

Harman-Management Corporation (San Joaquin, CA), Private Entity/Person

Harman-Chiu, Inc. (San Joaquin, CA), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: $349,800

Order Duration: 2006 - 2009

Content of Injunction:

Monitoring

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Apology

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Recordkeeping

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

Private Party intervened in EEOC suit