University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ESSEE INC (d/b/a BURGER KING CORPORATION) EE-OK-0019
Docket / Court 5:02-cv-00611-R ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In May 2002, the Dallas District Office of the EEOC brought this lawsuit against Essee Inc., doing business as Burger King Corporation, in the U.S. District Court for the Western District of Oklahoma alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964. We do not ... read more >
In May 2002, the Dallas District Office of the EEOC brought this lawsuit against Essee Inc., doing business as Burger King Corporation, in the U.S. District Court for the Western District of Oklahoma alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleges that the defendant subjected the charging party, a male employee, to a sexually hostile work environment including lewd comments and an illegal strip search leading to the constructive discharge of the complaining party. The consent decree also indicates the complaining party charged the defendant with negligent supervision, retention, and assault. The complaining party intervened in the lawsuit in May 2002. Following a few settlement conferences, the intervenor had judgment entered against the plaintiff in November 2002, which was vacated by the EEOC for entry of a consent decree in December 2002.

The three year decree, containing anti-discrimination, retaliation, intimidation, and harassment clauses, required the defendant to: make bi-annual reports regarding sexual harassment complaints made in certain facilities, expungement of complainant's employee record, provision of a neutral reference for complainant, securing all surveillance videotape, posting and distribution of employee rights, annual training for all employees, modification of existing policies and complaint procedures, and payment of $187,000 to complainant and his attorney.

David Friedman - 11/13/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
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
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) Essee, 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 2002 - 2005
Case Closing Year 2002
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)
5:02-cv-00611-R (W.D. Okla.) 12/20/2002
EE-OK-0019-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 12/20/2002
EE-OK-0019-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (December 2002) 12/31/2002
EE-OK-0019-0002.pdf | Detail
Judges Roberts, Bana (W.D. Okla.) [Magistrate]
EE-OK-0019-9000
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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