Case: EEOC v. BK, Inc., d/b/a Church's Chicken

6:02-cv-01077 | U.S. District Court for the District of Kansas

Filed Date: March 7, 2002

Closed Date: Dec. 16, 2002

Clearinghouse coding complete

Case Summary

EEOC's St. Louis, MO offices jointly filed this sexual harassment lawsuit against the defendant, BK Inc. in the United States District Court for the District of Kansas (Wichita) on 03/07/2002. The defendant is an owner/operator of fast food franchises. EEOC alleged on behalf of a 14-year-old female employee that she was sexually assaulted by a store manager and was thus subject to a sexually hostile work environment. The 14-year-old girl and her mother intervened in the EEOC lawsuit.

The parties settled at a settlement hearing presided by District Judge Wesley E. Brown on 12/16/2002. A consent decree was entered on the same day.

The consent decree provides for a payment of $150,000 to the complainant. The decree also requires defendant to issue a letter of apology to the complainant, provide sexual harassment training to all employees, and post notices at its four restaurants informing employees of their right to be free from sexual harassment.

Summary Authors

Justin Kanter (7/6/2007)

Documents in the Clearinghouse

Document

6:02-cv-01077

Docket (PACER)

EEOC v. BK Inc

Dec. 16, 2002

Dec. 16, 2002

Docket

6:02-cv-01077

EEOC Litigation Settlement Report - December 2002

EEOC v. B.K., Inc., d/b/a Church's Chicken

No Court

Jan. 5, 2005

Jan. 5, 2005

Press Release

Resources

Docket

Last updated Aug. 30, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
32

ORDER ENTERED by Senior Judge Wesley E. Brown granting plaintiff EEOC's motion for leave to appear by telephone at 12/16/02 settlement hearing [30-1] (cc: all counsel) (VLW) (Entered: 12/17/2002)

Feb. 16, 2002

Feb. 16, 2002

1

COMPLAINT with trial location of Wichita, KS; no summons issued (case referred to Magistrate Judge Donald W. Bostwick) (CS) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

2

MOTION for plaintiff to provide a more definite statement on an amended complaint by defendant BK Inc referred to Magistrate Judge Donald W. Bostwick (VLW) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

3

MEMORANDUM by defendant BK Inc in support of its motion for plaintiff to provide a more definite statement on an amended complaint Inc referred to Magistrate Judge Donald W. Bostwick [2-1] (VLW) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

5

ORDER ENTERED by Magistrate Judge Donald W. Bostwick: granting motion to intervene by intervenors Pamela Williams and Sabrina Williams [4-1] (cc: all counsel) (CS) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

8

INTERVENOR'S COMPLAINT with trial location of Wichita, KS by intervenor-plaintiff Sabrina Williams (VLW) (Entered: 03/29/2002)

March 19, 2002

March 19, 2002

6

MEMORANDUM in opposition by plaintiff EEOC to defendant BK Inc's motion for plaintiff to provide a more definite statement on an amended complaint referred to Magistrate Judge Donald W. Bostwick [2-1] (VLW) (Entered: 03/27/2002)

March 25, 2002

March 25, 2002

7

REPLY by defendant BK Inc to plaintiff's opposition to its motion for more definite statement referred to Magistrate Judge Donald W. Bostwick [2-1] (VLW) (Entered: 03/28/2002)

March 28, 2002

March 28, 2002

9

ANSWER by defendant BK Inc to intervenor complaint of Sabrina Williams [8-1] (VLW) (Entered: 04/04/2002)

April 3, 2002

April 3, 2002

10

SUMMONS RETURNED executed by certified mail upon defendant BK Inc on 4/2/02 (VLW) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

11

MEMORANDUM AND ORDER by Magistrate Judge Donald W. Bostwick denying defendant's motion for more definite statement [2-1]; defendant to answer complaint within 10 days of this order; 4 pages (cc: all counsel) (VLW) (Entered: 04/15/2002)

April 12, 2002

April 12, 2002

12

INITIAL ORDER REGARDING PLANNING AND SCHEDULING by Magistrate Bostwick: scheduling conference set for 3:00 5/21/02 (cc: all counsel) (VLW) Modified on 05/06/2002 (Entered: 04/15/2002)

April 12, 2002

April 12, 2002

13

ANSWER by defendant BK Inc to EEOC's complaint [1-1] (VLW) (Entered: 04/18/2002)

April 17, 2002

April 17, 2002

14

SCHEDULING ORDER ENTERED by Magistrate Judge Donald W. Bostwick: status conference set for 11:00 on 9/5/02; early discovery deadline set for 8/30/02 (cc: all counsel) (CS) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

15

NOTICE OF SERVICE of interrogs by defendant BK Inc (VLW) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

16

ENTRY OF APPEARANCE for plaintiff EEOC by attorneys Robert G Johnson and Donna L Harper (VLW) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

17

NOTICE OF SERVICE of disclosure of witnesses and documents included in responses to requests in the administrative proceedings by defendant BK Inc (VLW) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

18

CERTIFICATE OF SERVICE of 1st interrogs and 1st request for production by plaintiff EEOC (VLW) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

19

CERTIFICATE OF SERVICE of answers to interrogs by plaintiff EEOC (VLW) (Entered: 07/15/2002)

July 11, 2002

July 11, 2002

21

NOTICE OF SERVICE of 1st combined interrogs and request for production by intervenor-plaintiffs (VLW) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

22

NOTICE OF SERVICE of Responses to intevenor's First Interrogatories by defendant BK Inc. (EF) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

23

ORDER ENTERED by Magistrate Judge Donald W. Bostwick: status conference held 9/5/02; mediation to be scheduled by parties; scheduling conference set for 1:30 on 11/26/02 (cc: all counsel) (CS) (Entered: 09/06/2002)

Sept. 5, 2002

Sept. 5, 2002

24

NOTICE by plaintiff EEOC of taking deposition of Raton Shaha on 10/24/02 at 10:00 a.m. (VLW) (Entered: 09/24/2002)

Sept. 23, 2002

Sept. 23, 2002

25

CERTIFICATE OF SERVICE of 2nd request for production by plaintiff EEOC (VLW) (Entered: 09/30/2002)

Sept. 25, 2002

Sept. 25, 2002

26

ORDER ENTERED: by Magistrate Judge Donald W. Bostwick; It is hereby ordered that the Sedgwick Cty Sheriff's Deputies are authorized to produce said witness on 10/24/02 @ 9:00 a.m. for the taking of Raton Shaha's deposition. (cc: all counsel) (EF) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

27

NOTICE OF SERVICE of answers to 2nd interrogs and responses to 2nd request for production by defendant BK Inc (VLW) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

28

NOTICE by plaintiff EEOC of taking videotaped deposition of Raton Shaha on 11/22/02 at 9:00 a.m. (VLW) (Entered: 11/06/2002)

Nov. 5, 2002

Nov. 5, 2002

29

CERTIFICATE OF SERVICE of 1st request for admissions by plaintiff EEOC (VLW) (Entered: 11/12/2002)

Nov. 7, 2002

Nov. 7, 2002

30

MOTION for leave to appear by telephone at 12/16/02 settlement hearing by plaintiff EEOC referred to Senior Judge Wesley E. Brown (VLW) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

31

CONSENT DECREE by Senior Judge Wesley E. Brown terminating case (cc: all counsel) (VLW) Modified on 12/17/2002 (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

33

MINUTE SHEET of hearing before Senior Judge Wesley E. Brown: proposed consent decree is approved; Court Reporter: Harper Court Rptng (M.Prawl); Exhibit sheet and Exhibits A-F attached (VLW) Modified on 12/17/2002 (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 7, 2002

Closing Date: Dec. 16, 2002

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

BK Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 150000

Content of Injunction:

Apology

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit