University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. McDonald's Restaurants of California, Inc. EE-CA-0352
Docket / Court 1:13-cv-02065-AWI-SAB ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On December 18, 2013, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a Muslim crew person, filed a lawsuit in the Eastern District Court of California under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 against McDonald's Corporation. The ... read more >
On December 18, 2013, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a Muslim crew person, filed a lawsuit in the Eastern District Court of California under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 against McDonald's Corporation. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees and costs, and prejudgment interest, claiming that the defendant discriminated against one if its employees based on his religion, Islam, when it refused to accommodate the employee's religious belief to wear a beard at work, resulting in the employee's constructive discharge.

The employee began working as a crew person for the defendant in around 2001 and was promoted to Crew Trainer in 2003. In July and August 2005, the employee informed the defendant of his religious belief of wearing a beard at work. The defendant allegedly did not allow him to wear a beard and so the employee was constructively discharged.

On December 19, 2013, the EEOC filed an amended complaint. Also, on the same day, the District Court (Judge Anthony W. Ishii) issued a consent decree for two years. Among other things, the defendant agreed to pay the employee $50,000, which was characterized as non-wage compensation for emotional distress.

Perry Miska - 04/06/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Religion discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) McDonald's Restaurants of California, Inc.
Plaintiff Description Plaintiff is the EEOC on behalf of a male crew worker at a McDonald's restaurant who was not accommodated and was fired for growing a beard as he believed was required by his religion, Islam.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2013
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)
1:13-cv-02065 (E.D. Cal.) 03/11/2014
EE-CA-0352-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint - Civil Rights; Employment Discrimination; Jury Trial Demand 12/19/2013
EE-CA-0352-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint - Civil Rights; Employment Discrimination; Jury Trial Demand 12/19/2013
EE-CA-0352-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree and Order 12/19/2013 (E.D. Cal.)
EE-CA-0352-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ishii, Anthony W. (E.D. Cal.)
EE-CA-0352-0003 | EE-CA-0352-9000
Monitors/Masters None on record
Plaintiff's Lawyers Lee, James L. (District of Columbia)
EE-CA-0352-0001 | EE-CA-0352-0002
Lopez, P. David (Texas)
EE-CA-0352-0001 | EE-CA-0352-0002
Park, Anna Y. (California)
EE-CA-0352-0001 | EE-CA-0352-0002 | EE-CA-0352-9000
Reams, Gwendolyn Young (District of Columbia)
EE-CA-0352-0001 | EE-CA-0352-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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