Case: EEOC v. HOLT'S FAMILY RESTAURANT

5:04-cv-00011 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 4, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In February 2004, the Charlotte District Office of the EEOC brought this suit against Holt's Family Restaurant in the U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant subjected the two charging parties, female employees, to a sexually hostile work environment, resulting in their constructive discharge in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders, the parties settled in December 2004 through a co…

In February 2004, the Charlotte District Office of the EEOC brought this suit against Holt's Family Restaurant in the U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant subjected the two charging parties, female employees, to a sexually hostile work environment, resulting in their constructive discharge in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders, the parties settled in December 2004 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: expunge the charging parties' personnel files from all references to the charges of discrimination, provide the charging parties with positive letters of reference, implement an anti-harassment policy, provide annual Title VII training for all its employees, report to the EEOC at specified intervals, and pay $3,750 to each of the charging parties.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (9/10/2007)

Documents in the Clearinghouse

Document

5:04-cv-00011

Docket (PACER)

EEOC v. Holt's Family Restaurant

Dec. 10, 2004

Dec. 10, 2004

Docket
1

5:04-cv-00011

Complaint

EEOC v. Holt's Family Restaurant

Feb. 4, 2004

Feb. 4, 2004

Complaint
13

5:04-cv-00011

Consent Decree

EEOC v. Holt's Family Restaurant

Dec. 10, 2004

Dec. 10, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee - Waived (cbb) (Entered: 02/06/2004)

Feb. 4, 2004

Feb. 4, 2004

2

REQUEST FOR WAIVER of Service as to Holt's Family Restau mailed on 2/4/04 Waiver of Service due by 3/5/04 for Holt's Family Restau (cbb) (Entered: 02/06/2004)

Feb. 4, 2004

Feb. 4, 2004

3

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Refusal (cbb) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

4

CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

5

CONSENT/REFUSAL to Magistrate Jurisdiction by Holt's Family Restau - Refusal (cbb) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

6

ANSWER to Complaint by Holt's Family Restau; w/cs (cbb) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

7

WAIVER OF SERVICE Returned Executed as to Holt's Family Restau 2/4/04 Answer due on 4/5/04 for Holt's Family Restau (cbb) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

8

Certificate of I.A.C. and Discovery Plan by defendant Holt's Family Restau, plaintiff EEOC cc: RLV (cbb) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

9

INITIAL PRETRIAL ORDER Discovery deadline is 2/28/05 Motion filing deadline is 3/31/05 Report of Mediator due: 4/29/05 Jury Trial set for 10:00 11/7/05 before Judge Richard L. Voorhees ETT: 3-4 days ( signed by Judge Richard L. Voorhees ) cc: attys of record (cbb) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

11

MOTION by Holt's Family Restau to Extend Time to 6/11/04 to resp to plf's discovery w/cs cc: RLV (cbb) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

12

ORDER granting [11-1] motion to Extend Time to 6/11/04 to resp to plf's discovery ( signed by Judge Richard L. Voorhees ) [EOD DATE: 5/12/04] (tme) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

CASE REFERRED to Magistrate Judge David C. Keesler (cbb) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

13

CONSENT DECREE by defendant Holt's Family Restau, plaintiff EEOC cc: attys of record (cbb) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

Case closed (cbb) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 4, 2004

Closing Date: 2007

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

Holt's Family Restaurant (Lincolnton, NC), 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: 7500

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Develop anti-discrimination policy

Retaliation Prohibition

Reporting

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits