University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Sonic Drive Inn EE-LA-0080
Docket / Court 3:01-cv-00819-CN ( M.D. La. )
State/Territory Louisiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the New Orleans District Office of the EEOC brought this lawsuit against Sonic Drive Inn and 17 related defendants in the U.S. District Court for the Middle District of Louisiana alleging discrimination on the basis of sex and race in violation of Title VII of the Civil Rights ... read more >
In September 2001, the New Orleans District Office of the EEOC brought this lawsuit against Sonic Drive Inn and 17 related defendants in the U.S. District Court for the Middle District of Louisiana alleging discrimination on the basis of sex and race in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges that the defendant subjected the complaining parties, eleven individuals, to either a sexually hostile work environment based upon their gender, female, leading to demotion, constructive, or actual discharge, or failed to employ male complainants based upon their race, black. The charging parties intervened in the lawsuit in January 2002. Following a string of dismissals of individual defendants through various motions, the complainants dismissed their lawsuit in May 2003 and the EEOC settled their lawsuit in August 2003 through a consent decree.

We do not have a copy of the complainants' agreement with the defendants; therefore, the exact remedies they received are unknown. The EEOC created a two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post and distribute notice of employee rights, provide EEO training to all employees, implement a dispute resolution process, report on complaints and compliance with certain terms of the consent decree and maintain all personnel records for one year.

David Friedman - 10/23/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Ann Crosby Kergan (individual)
Charles Tomajko (individual)
Daniel Naquin (individual)
Hartford Insurance Company
Hartford Insurance Company
Kergan Bros. Inc.
O.O.C., L.L.C.
Real Estate Partners of Airline, LLC
Real Estate Partners of Hooper Road, LLC
Real Estate Partners of O'Neil Lane, LLC
Real Estate Partners of Perkins Road LLC
S.D.I of B.R. O'Neil Lane, LLC
S.D.I. of B.R. Airline, LLC
S.D.I. of B.R. Perkins Road, LLC
SDI of B.R. - Hooper Road, LLC
Sonic Industries, Inc.
Theodore W. Kergan (individual)
Wausau Business Insurance Co.
Wausau Business Insurance Co.
Wesley Bridges (individual)
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)
3:01-cv-00819-CN (M.D. La.) 06/14/2005
EE-LA-0080-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2001
EE-LA-0080-0001.pdf | Detail
Complaint [Intervenor] 01/18/2002
EE-LA-0080-0002.pdf | Detail
Supplemental and Amending Complaint of Intervenors 02/28/2002
EE-LA-0080-0003.pdf | Detail
Second Supplemental and Amending Complaint of Intervenors 08/16/2002
EE-LA-0080-0004.pdf | Detail
Consent Decree 08/18/2003
EE-LA-0080-0005.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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