University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ISSARA SEAFOOD dba BAYTOWN SEAFOOD EE-TX-0177
Docket / Court H-04-3704 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the Houston District Office of the EEOC brought this action against Issara Seafood, Inc., d/b/a Baytown Seafood Restaurant, in the U.S. District Court for the Southern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act ... read more >
In September 2004, the Houston District Office of the EEOC brought this action against Issara Seafood, Inc., d/b/a Baytown Seafood Restaurant, in the U.S. District Court for the Southern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. The complaint alleged that a Baytown Seafood manager subjected the charging party, a female employee, to a hostile work environment by making sexual comments to her and offensively touching her. After some discovery disputes, the parties reached a settlement in July 2005 through a consent decree.

The decree, which had a term of three years, contained non-discrimination and non-retaliation clauses. Its terms required the defendant to: provide Title VII training to all managers and supervisors, provide the EEOC with a copy of all sexual harassment complaints, and implement an EEO policy. In addition, the defendant agreed not to employ the manager whose conduct was at issue for the term of the decree and to pay $12,500 to the charging party.

Kevin Wilemon - 06/04/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Issara Seafood Inc.
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 - 2008
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)
4:04-cv-03704 (S.D. Tex.) 08/08/2006
EE-TX-0177-9000 PDF | Detail
General Documents
Complaint 09/23/2004
EE-TX-0177-0001 PDF | Detail
Consent Decree 07/26/2005
EE-TX-0177-0002 PDF | Detail
Judges Stacy, Frances H. (S.D. Tex.) [Magistrate]
EE-TX-0177-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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