University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Bodega Bars USA, LLC EE-MO-0110
Docket / Court 4:07-cv-01645 ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega ... read more >
On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega Bars, engaged in unlawful employment practices on the basis of sex. Specifically, the EEOC claimed that the two female employees were subjected to egregious sexual harassment by one of Defendant's customers, and Defendant did not take appropriate corrective action despite the employees' repeated complaints. Furthermore, the propositions, touching, and graphic sexual comments by the customer allegedly created a sexually hostile work environment for the employees that was so oppressive that they were forced to resign their employment. The EEOC sought injunctive and monetary relief.

On November 30, 2007, the District Court (Judge Charles A. Shaw) granted a motion to intervene by the two employees. The plaintiff-intervenors filed their complaint that same day, making the same claims as included in the original complaint.

The District Court (Judge Donald J. Stohr) then approved a settlement between the parties under a consent decree on July 2, 2008. The decree accorded general injunctive relief, requiring that Defendant not engage in sexual harassment or sex discrimination in any of its restaurants against its employees. The decree also provided that Defendant pay $64,000 in monetary damages ($32,000 each) to the two aggrieved employees. Defendant was also required to take reasonable steps to exclude from its premises the customer at issue.

The decree further provided that Defendant establish a sexual harassment policy that would be distributed to all of its employees, as well as provide two hours of training on the policy to its managers. The consent decree was to be in effect for a period of two years.

Adam Teitelbaum - 03/20/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Private Party intervened in EEOC suit
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Bodega Bars USA, LLC.
Plaintiff Description EEOC on behalf of two female employees (who also filed as intervenor-plaintiffs) alleging sex harassment by a customer and constructive discharge by company for its failure to act to end the harassment.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2010
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)
4:07−cv−01645 (E.D. Mo.) 07/02/2008
EE-MO-0110-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/21/2007
EE-MO-0110-0001 PDF | Detail
Memorandum and Order (granting motion to intervene) 11/30/2007 (2007 WL 4270792) (E.D. Mo.)
EE-MO-0110-0003 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Intervenors' Complaint 11/30/2007
EE-MO-0110-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 07/02/2008
EE-MO-0110-0002 PDF | Detail
Judges Shaw, Charles Alexander (E.D. Mo.)
EE-MO-0110-0003
Stohr, Donald J. (E.D. Mo.)
EE-MO-0110-0002 | EE-MO-0110-9000
Monitors/Masters None on record
Plaintiff's Lawyers Harper, Donna (Missouri)
EE-MO-0110-0004 | EE-MO-0110-9000
Lynn, John D. (Missouri)
EE-MO-0110-0004 | EE-MO-0110-9000
Miller, C. Felix (Missouri)
EE-MO-0110-0001 | EE-MO-0110-9000
Sedey, Mary Anne (Missouri)
EE-MO-0110-0004 | EE-MO-0110-9000
Seely, Barbara A. (Missouri)
EE-MO-0110-9000
Defendant's Lawyers Garland, Burton D. Jr. (Missouri)
EE-MO-0110-9000
Lawson, William M. (Missouri)
EE-MO-0110-9000
Stewart, Robert W. (Missouri)
EE-MO-0110-9000
Other Lawyers None on record

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