University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HARDEE'S OF SOUTHWEST MISSOURI INC EE-AR-0023
Docket / Court 3:05-cv-03050-JLH ( W.D. Ark. )
State/Territory Arkansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964 ... read more >
The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that the charging party was terminated from her job because of her pregnancy.

The parties entered into a consent decree in July 2006. The decree, valid for three years, required Defendant to pay the charging party $8,500, provide her with a neutral employment reference and expunge her employment records. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility and report annually to the EEOC about any internal complaints of pregnancy discrimination. Defendant was also required to train its managers regarding Title VII's requirements, especially with regard to sex and pregnancy discrimination.

Shankar Viswanathan - 07/31/2007


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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
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
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) Hardee's of Southwest Missouri, 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 2006 - 2009
Case Closing Year 2006
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)
3:05-cv-03050-JLH (W.D. Ark.) 07/28/2006
EE-AR-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/29/2005
EE-AR-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 07/28/2006
EE-AR-0023-0002.pdf | Detail
Judges Jones, Beverly Stites (W.D. Ark.) [Magistrate]
EE-AR-0023-9000
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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