University of Michigan Law School
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Case Name EEOC v. APPLEBEE'S NEIGHBORHOOD BAR & GRILL OF GEORGIA INC EE-GA-0005
Docket / Court 1:02-cv-00829-CAM ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Atlanta District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Georgia, against Applebee's Neighborhood Bar & Grill of Georgia, Inc. The complaint, filed in March 2002, alleged color discrimination in violation of Title VII of the Civil Rights ... read more >
The Atlanta District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Georgia, against Applebee's Neighborhood Bar & Grill of Georgia, Inc. The complaint, filed in March 2002, alleged color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the charging party, an African American, with dark skin, was harassed by one of Defendant's managers, an African American with light skin, and was subsequently terminated when he complained about the harassment.

In July 2003, the parties entered a consent decree which was valid for 18 months. The decree prohibited Defendant from discriminating and harassing in violation of Title VII and required Defendant to pay the charging party a total of $40,000 ($15,000 in back pay and $25,000 in emotional distress damages). Defendant was also required to provide the charging party with a neutral employment reference; post a notice of non-discrimination at its facility; provide its human resources managers with anti-discrimination/anti-harassment training; instruct its managers and supervisors as to the terms of the decree; make regular reports to the EEOC about any internal discrimination complaints; and designate a compliance official to be responsible for Defendant's compliance with the decree.

Shankar Viswanathan - 06/28/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race 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) Applebee's Neighborhood Bar & Grill of Georgia, Inc.
Applebee's Nieghborhood Grill & Bar of Georgia, 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 2003 - 2005
Case Closing Year 2003
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)
1:02-cv-00829-CAM (N.D. Ga.) 07/10/2003
EE-GA-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/29/2002 (2002 WL 32178986)
EE-GA-0005-0001 PDF | WESTLAW | Detail
Document Source: Westlaw
Consent Decree 07/10/2003
EE-GA-0005-0002 PDF | Detail
EEOC Press Release 08/07/2003
EE-GA-0005-0003 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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