University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Desert Subway, Inc. EE-AZ-0045
Docket / Court CIV 02 1504 PCT MHM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2002 the Phoenix District Office of the EEOC brought this lawsuit against Desert Subway Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree ... read more >
In August 2002 the Phoenix District Office of the EEOC brought this lawsuit against Desert Subway Inc. in the U.S. District Court for the District of Arizona. 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 alleged the defendant discriminated against charging party on the basis of sex, female, and pregnancy in violation of Title VII of the Civil Rights Act of 1964 due to the complainant's work hours, a hostile work environment, and constructive discharge of the complainant. Following discovery, several status conferences, and many postponements of trial, the parties settled the dispute in September 2005 through a consent decree.

The two-year decree, containing anti-discrimination and retaliation language, required the defendant to: report complaints and compliance with the consent decree to the EEOC, provide a neutral reference to the complainant, develop an anti-discrimination policy regarding pregnancies, post notice of EEO laws, provide an additional hour and fifteen minutes of training regarding pregnancy discrimination to defendant's current training schedule and pay complainant $3,950.

Daisy Manning - 11/14/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
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
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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) Desert Subway 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 2005 - 2007
Case Closing Year 2005
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)
3:02-cv-01504-MHM (D. Ariz.) 09/14/2005
EE-AZ-0045-9000.pdf | Detail
General Documents
Consent Decree 09/14/2005
EE-AZ-0045-0002.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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