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Case Name Hendrix v. Chipotle Mexican Grill Incorporated EE-AZ-0137
Docket / Court 2:20-cv-01595 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
This is a case about employment discrimination on the basis of sex and pregnancy. On August 12, 2020, a female employee filed this lawsuit in the United States District Court for the District of Arizona. The plaintiff sued Chipotle Mexican Grill, Inc. under Title VII of the Civil Rights Act of 1964, ... read more >
This is a case about employment discrimination on the basis of sex and pregnancy. On August 12, 2020, a female employee filed this lawsuit in the United States District Court for the District of Arizona. The plaintiff sued Chipotle Mexican Grill, Inc. under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Represented by private counsel, the plaintiff sought back pay, front pay, compensatory and punitive damages, and attorneys' fees. The plaintiff claimed that the defendant discriminated against her by refusing to give her proper break time to pump breastmilk while on shift and initially sought class certification.

On December 29, 2016, the plaintiff requested a break to pump breastmilk. She claimed that her managers refused to allow her to pump as the restaurant was busy. The plaintiff’s breasts began to visibly leak through her shirt, and she was required to continue serving customers. Upon seeing that she was leaking, the plaintiff’s managers informed her that she would be permitted to take a break in fifteen minutes. During this time, the plaintiff claimed she was still required to interact with customers with a soaked-through shirt. The plaintiff claimed that approximately forty minutes after being allowed to pump, she was called into the office by her managers and berated.

The plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that she was discriminated against on the basis of her gender and pregnancy in violation of Title VII. The EEOC issued a determination that there was reasonable cause to believe that the defendant violated Title VII and permitted the plaintiff to file this lawsuit.

Upon filing on August 14th, 2020, the case was assigned to Judge Eileen S. Willett. On August 14, 2020, the case was reassigned from the Magistrate to the District Court to Judge Steven P. Logan, per local rules.

On August 14th, 2020, Judge Logan issued a preliminary order stating that any motion to dismiss the case is discouraged if the pleading can be cured by filing an amended pleading. On September 1, 2020, the plaintiff filed an amended complaint. The amended complaint was largely identical to the original, except that the plaintiff was now suing individually with no collective action allegations. Accordingly, the scope of relief was amended to eliminate relief to other individuals similarly situated. There was no additional information from the pleadings as to why the class allegations were dropped.

The case is ongoing.

Jane Fisher - 09/26/2020


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Accommodation / Leave
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Family discrimination
Pregnancy discrimination
Sex discrimination
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Chipotle Mexican Grill Incorporated
Plaintiff Description All current or former employees of Chipotle, working in job positions in its restaurants, who requested to pump or express breast milk while on-shift, but were denied the request, and/or who were subjected to hostility or harassment for requesting such pump breaks, between March 9, 2016 and January 3, 2017.
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 08/12/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Ariz.
09/08/2020
2:20-cv-01595-SPL
EE-AZ-0137-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Ariz.
08/12/2020
Collective Action Complaint Under 42 U.S.C. § 2000e, ET SEQ. [ECF# 1]
EE-AZ-0137-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Ariz.
09/01/2020
First Amended Verified Complaint [ECF# 13]
EE-AZ-0137-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges Logan, Steven Paul (D. Ariz.) show/hide docs
EE-AZ-0137-9000
Plaintiff's Lawyers Barrat, Jason Saul (Arizona) show/hide docs
EE-AZ-0137-0001 | EE-AZ-0137-0002 | EE-AZ-0137-9000
Miller, Jessica Elizabeth (Arizona) show/hide docs
EE-AZ-0137-0001 | EE-AZ-0137-9000
Zoldan, Michael David (Arizona) show/hide docs
EE-AZ-0137-0002 | EE-AZ-0137-9000

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