University of Michigan Law School
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Case Name EEOC v. James O. "Skip" Baker d/b/a Baker Investment Company and Mr. Gatti's Pizza EE-TX-0235
Docket / Court 2:98-cv-00422 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1998, the San Antonio District Office of the EEOC filed this suit against James O. "Skip" Baker (d/b/a Baker Investment Company and Mr. Gatti's Pizza) in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the ... read more >
In September 1998, the San Antonio District Office of the EEOC filed this suit against James O. "Skip" Baker (d/b/a Baker Investment Company and Mr. Gatti's Pizza) in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party and at least one other female employee to a sexually hostile work environment and by terminating the charging party after she refused the sexual advances of her manager. In addition, the defendant's conduct also resulted in the constructive discharge of at least one other female employee. After some discovery, the parties settled in December 1998 through a consent decree.

Under the terms of the one-year decree, the defendant agreed to: give the charging party a neutral reference, expunge her personnel file of all references of the discrimination charge, and post a notice of Title VII rights. In addition, the decree contained non-discrimination and non-retaliation clauses and required the defendant to pay $2,500, to be distributed between two individuals.

Michele Marxkors - 06/08/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
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
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) James O. "Skip" Baker
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 1998 - 1999
Case Closing Year 1998
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)
2:98-cv-00422 (S.D. Tex.) 12/16/1998
EE-TX-0235-9000 PDF | Detail
General Documents
Complaint 09/28/1998
EE-TX-0235-0002 PDF | Detail
Consent Decree 12/21/1998
EE-TX-0235-0001 PDF | Detail
Judges None on record
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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