University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. John Q Hammons Hotels, Inc EE-SC-0051
Docket / Court 3:04-cv-22067 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On August 31, 2004, the EEOC filed a complaint in the United States District Court for the District of South Carolina under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 on behalf of an aggrieved employee. The EEOC alleged that while working for Defendant, ... read more >
On August 31, 2004, the EEOC filed a complaint in the United States District Court for the District of South Carolina under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 on behalf of an aggrieved employee. The EEOC alleged that while working for Defendant, John Q. Hammons Hotels, Inc., the employee was subjected to a hostile work environment because of his race and was retaliated for reporting the behavior. The complaint specifically claimed that Defendant took no action in response to racist jokes and derogatory comments made by one of he employee's coworkers, and that Defendant ultimately discharged the employee for complaining. The EEOC sought injunctive and monetary relief.

On October 28, 2004 the District Court (Magistrate Judge Joseph R. McCrorey) granted the employee's motion to intervene as plaintiff. The intervenor-plaintiff then filed a complaint on December 10, 2004, which made the same basic allegations as the original complaint but filled in some additional factual information. The plaintiff-intervenor, a bartender, was subjected to derogatory remarks by the head chef that became progressively worse over a period of two years, especially after he was promoted to a supervisory position. The plaintiff-intervenor also claimed that Defendant engaged in discriminatory practices against the patrons of the facility. After the plaintiff-intervenor complained to management and nothing was done, he sent a complaint to upper-level management; when management of the facility found out, they immediately terminated him.

The District Court (Judge Cameron McGowan Currie) issued a consent decree on June 21, 2005, approving a settlement between the parties. The decree generally enjoined Defendant from any further discrimination or retaliation under Title VII. It also requires that Defendant pay $28,000 in monetary relief to the plaintiff-intervenor. Further, the decree required that Defendant distribute to all of its employees a sexual harassment policy, as well as provide annual training on the program to all of its supervisors, managers, and employees. The consent decree was to remain in effect for a period of two years.

Adam Teitelbaum - 03/21/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) John Q Hammons Hotels Inc
John Q Hammons Hotels LP
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
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 2005 - 2007
Case Closing Year 2005
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)
3:04−cv−22067 (D.S.C.) 06/24/2005
EE-SC-0051-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/31/2004
EE-SC-0051-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (granting motion to intervene) 10/27/2004 (D.S.C.)
EE-SC-0051-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint of Stephon A. Scott (Plaintiff-Intervenor) 12/10/2004
EE-SC-0051-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/21/2005
EE-SC-0051-0001.pdf | Detail
Judges Currie, Cameron McGowan (D.S.C.) [Magistrate]
EE-SC-0051-0001 | EE-SC-0051-9000
McCrorey, Joseph R. (D.S.C.) [Magistrate]
EE-SC-0051-0003 | EE-SC-0051-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barnes, Lynette (North Carolina)
EE-SC-0051-0002 | EE-SC-0051-9000
Daley, Robert F. Jr. (South Carolina)
EE-SC-0051-0001 | EE-SC-0051-9000
Dixon, Jessica L. (North Carolina)
EE-SC-0051-0001 | EE-SC-0051-0002 | EE-SC-0051-9000
Dreiband, Eric S. (District of Columbia)
EE-SC-0051-0002
Lee, James L. (District of Columbia)
EE-SC-0051-0002
Ormond, John Charles Jr. (South Carolina)
EE-SC-0051-0001 | EE-SC-0051-0004 | EE-SC-0051-9000
Reams, Gwendolyn Young (District of Columbia)
EE-SC-0051-0002
Ryerse, Mary M. (North Carolina)
EE-SC-0051-9000
Defendant's Lawyers Duda, William L. (South Carolina)
EE-SC-0051-9000
Knittig, Joseph H. (Missouri)
EE-SC-0051-9000
Moothart, Kelly S. (Missouri)
EE-SC-0051-9000
Seyferth, Paul D. (Missouri)
EE-SC-0051-9000
Other Lawyers None on record

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