University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Demarse v. Cracker Barrel Old County Store EE-FL-0138
Docket / Court 8:07-CV-00981-SDM-MSS ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Case Summary
A senior who applied to work at a Cracker Barrel store alleged he was not hired because of corporation-wide age discrimination in hiring. It appears the parties settled, though no agreement is publicly available.

The plaintiff, a man over sixty years of age, sued under the Age ... read more >
A senior who applied to work at a Cracker Barrel store alleged he was not hired because of corporation-wide age discrimination in hiring. It appears the parties settled, though no agreement is publicly available.

The plaintiff, a man over sixty years of age, sued under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. The plaintiff contended that Cracker Barrel had a nationwide pattern or practice of asking for and illegally considering the age of all applicants for employment He demanded compensation for lost wages liquidated damages, and attorneys' fees and costs, as well as a permanent injunction against age discrimination in hiring. The complaint sought class certification for similarly situated individuals.

On January 24, 2008, the United States District Court, Middle District of Florida, Tampa Division (Judge Mary Scriven) dismissed the case with prejudice. It appears the parties reached a settlement, although the details are not publicly available at this time.

Eric Weiler - 08/16/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Age discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Cracker Barrel Old County Store Incorporated
Plaintiff Description Caucasian male of at least 60 years of age
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
8:07-cv-00981 (M.D. Fla.) 06/08/2007
EE-FL-0138-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint And Demand For Jury Trial 06/08/2007 (2007 WL 2207179)
EE-FL-0138-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Cracker Barrel Old Country Store, Inc.'s Answer To Plaintiff's Complaint And Demand For Jury Trial 07/16/2007
EE-FL-0138-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Scriven, Mary Stenson (M.D. Fla.) [Magistrate]
EE-FL-0138-9000
Monitors/Masters None on record
Plaintiff's Lawyers Linesch, David J (Florida)
EE-FL-0138-0001 | EE-FL-0138-0002 | EE-FL-0138-9000
Defendant's Lawyers Aidman, Todd S. (Florida)
EE-FL-0138-0002 | EE-FL-0138-9000
Garey, Erica (Georgia)
EE-FL-0138-0002 | EE-FL-0138-9000
Gevertz, David E. (Georgia)
EE-FL-0138-0002 | EE-FL-0138-9000
Other Lawyers None on record

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