Case: EEOC v. APPLEBEE'S NEIGHBORHOOD BAR & GRILL OF GEORGIA INC

1:02-cv-00829 | U.S. District Court for the Northern District of Georgia

Filed Date: March 29, 2002

Closed Date: July 10, 2003

Clearinghouse coding complete

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 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 subseq…

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.

Summary Authors

Shankar Viswanathan (6/28/2007)

Documents in the Clearinghouse

Document

1:02-cv-00829

Docket (PACER)

EEOC v. Applebee's Neighbor

July 10, 2003

July 10, 2003

Docket
1

1:02-cv-00829

Complaint

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

March 29, 2002

March 29, 2002

Complaint

2002 WL 2002

35

1:02-cv-00829

Consent Decree

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

July 10, 2003

July 10, 2003

Settlement Agreement

EEOC Press Release

EEOC v. Applebee's Neighborhood Bar & Grill of Georgia Inc

No Court

Aug. 7, 2003

Aug. 7, 2003

Press Release

Resources

Docket

Last updated March 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (fmm) (Entered: 04/02/2002)

March 29, 2002

March 29, 2002

CASE REFERRED to Mag Judge Linda T. Walker (Calendar sheets forwarded and notice sent to counsel) (fmm) (Entered: 04/02/2002)

March 29, 2002

March 29, 2002

3

Applications for admission of Chari J. Young, and Paul F. Pautler Jr. pro hac vice for defendant. (kt) (Entered: 05/16/2002)

May 14, 2002

May 14, 2002

4

ORDER by Judge Charles A. Moye Jr. GRANTING [3-1] pro hac vice application of Chari J. Young. (cc) (kt) (Entered: 05/22/2002)

May 21, 2002

May 21, 2002

5

ORDER by Judge Charles A. Moye Jr. approving the [3-1] pro hac vice application of Paul F. Pautler, Jr. (cc) (kt) (Entered: 05/24/2002)

May 23, 2002

May 23, 2002

6

Attorney appearance for plaintiff by Cynthia Leigh Montgomery. (lme) (Entered: 06/04/2002)

May 30, 2002

May 30, 2002

7

ANSWER by defendant to complaint [1-1] Discovery ends 10/31/02 (kt) (Entered: 06/05/2002)

June 3, 2002

June 3, 2002

8

ANSWERS TO INITIAL DISCLOSURES by plaintiff. (kt) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

9

Notice of change of firm name by counsel for defendant. (kt) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

10

Certificate of interested persons. (to CAM & LTW) (kt) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

11

ANSWERS TO INITIAL DISCLOSURES by defendant. (kt) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

12

Joint Preliminary Report and Discovery Schedule. (to LTW) (kt) (Entered: 07/08/2002)

July 5, 2002

July 5, 2002

13

NOTICE TO PARTIES by Mag Judge Linda T. Walker [12-1] preliminary statement, discovery deadlines is 10/31/02, any mtns for sumjgm. must be filed by 11/20/02, if no mtns for sumjgm., proposed consolidated PTO will be due on 11/30/02 pre-trial order due on 11/30/02 , [13-1] to be submitted on 12/3/02 if parties fail to file mtns for sumjgm. or proposed PTO. (cc) (kt) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

14

MOTION by plaintiff to withdraw by Cynthia Leigh Montgomery as attorney for EEOC . (kt) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

15

Joint MOTION to extend discovery time until 12/16/02 and to extend time until 01/06/03 for filing motions for sumjgm. (to LTW) (kt) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

16

ORDER by Mag Judge Linda T. Walker GRANTING [15-1] joint motion to extend discovery time until 12/16/02, Discovery ends 12/16/02 IT IS FURTHER ORDERED that the parties shall have a corresponding extension of time in which to file any mtns for sumjgm, up to and including 1/6/03. (cc) (kt) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

SUBMITTED to Mag Judge Linda T. Walker on [14-1] motion to withdraw by Cynthia Leigh Montgomery as attorney for EEOC (kt) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

18

CONSENT MOTION to extend discovery time until 3/16/03 (to LTW) (kt) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

SUBMITTED to Mag Judge Linda T. Walker on [13-1] order pre-trial order due on 11/30/02, [13-2] order [13-1] to be submitted on 12/3/02 if parties fail to file mtns for sumjgm. or proposed PTO. (FILE IN CHAMBERS) (kt) Modified on 12/17/2002 (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

19

ORDER by Mag Judge Linda T. Walker GRANTING [18-1] joint motion to extend discovery time until 3/16/03, Discovery ends 3/16/03 (cc) (kt) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

Terminated submissions. (kt) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

20

Attorney appearance for plaintiff by Marcus G. Keegan (ldn) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

21

MOTION by plaintiff for leave of absence of Amy Elizabeth Loggins from 4/1/03 and continuing for 12 weeks with brief in support. (to LTW) (ck) Modified on 03/13/2003 (Entered: 03/13/2003)

March 12, 2003

March 12, 2003

22

Notice to take the deposition of SANDRA E. GILL by defendant. (kt) (Entered: 03/17/2003)

March 13, 2003

March 13, 2003

23

Notice to take the deposition of ANTHONY J. SEALS by defendant. (kt) (Entered: 03/17/2003)

March 13, 2003

March 13, 2003

24

MOTION by plaintiff to extend discovery time until 5/6/3 with brief in support and proposed order. (kt) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

25

ENDORSED ORDER by Judge Charles A. Moye Jr. GRANTING [21-1] motion for leave of absence of Amy Elizabeth Loggins from approximately 4/1/03 and continuing for 12 weeks. (cc) (kt) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

26

Response and opposition by defendant to [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 03/31/2003)

March 27, 2003

March 27, 2003

SUBMITTED to Mag Judge Linda T. Walker on [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

27

UNOPPOSED MOTION by defendant to extend time thru 5/8/03 to file dispositve motion with brief in support and prop order. (to LTW) (fmm) Modified on 04/09/2003 (Entered: 04/09/2003)

April 7, 2003

April 7, 2003

28

REPLY by plaintiff to response to [24-1] motion to extend discovery time until 5/6/3. (kt) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

29

ORDER by Mag Judge Linda T. Walker GRANTING [27-1] motion to extend time thru 5/28/03 to file dispositve motion. (cc) (kt) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

31

ORDER by Mag Judge Linda T. Walker GRANTING [24-1] motion to extend discovery time until 5/16/3, Discovery ends 5/16/03 (cc) (kt) (Entered: 06/02/2003)

April 17, 2003

April 17, 2003

32

ORDER by Mag Judge Linda T. Walker GRANTING [30-1] motion to extend time until 6/28/03 in which to file any motions for sumjgm. (cc) (kt) (Entered: 06/03/2003)

May 30, 2003

May 30, 2003

33

MOTION by plaintiff to extend discovery time for a period of 30 days after the Court rules on [33-1] motion with proposed order. (kt) (Entered: 06/13/2003)

June 11, 2003

June 11, 2003

SUBMITTED to Mag Judge Linda T. Walker on [33-1] motion to extend discovery time for a period of 30 days after the Court rules on [33-1] motion. (kt) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

34

ORDER by Mag Judge Linda T. Walker GRANTING [33-1] motion to extend discovery time for a period of 30 days after the Court rules on [33-1] motion, the disc period shall be extended 30 days from the date of this order; the deadlines for filing sumjgm motions shall be extended accordingly. Discovery ends 7/30/03 (cc) (kt) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

Terminated submissions. (kt) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

Proposed Consent Decree. (to LTW) (kt) (Entered: 07/03/2003)

July 2, 2003

July 2, 2003

35

CONSENT DECREE by Judge Charles A. Moye Jr. (cc) (kt) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

Completed referral to Mag Judge Linda T. Walker. (kt) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

Case terminated. (kt) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2002

Closing Date: July 10, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Applebee's Neighborhood Bar & Grill of Georgia, Inc. (Jonesboro), Private Entity/Person

Applebee's Nieghborhood Grill & Bar of Georgia, Inc. (Jonesboro), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40000

Order Duration: 2003 - 2005

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits