University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PALMETTO RESTAURANT GROUP LLC EE-SC-0045
Docket / Court 2:03-cv-02577-PMD-GCK ( D.S.C. )
State/Territory South Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Charlotte Office of the EEOC filed this action in the U.S. District Court for the District of South Carolina. The Defendants were Wendy's International, Inc. and other related restaurant entities. The controversy involved the alleged sexual harassment of ten female employees in violation of ... read more >
The Charlotte Office of the EEOC filed this action in the U.S. District Court for the District of South Carolina. The Defendants were Wendy's International, Inc. and other related restaurant entities. The controversy involved the alleged sexual harassment of ten female employees in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in August 2003 and was resolved by consent decree in June 2004. The defendant filed two motions to dismiss, neither of which were ever ruled on. The complainants, who intervened in the case, were awarded $29,250 each for a total of $292,500, plus an additional $195,000 for their private attorneys. In addition, the company was required to provide training, to post a Notice, and to adopt a complaint procedure. It also had to submit regular reports to the EEOC. The decree was to last for three years.

Kevin Wilemon - 08/16/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Carolina Restaurant Group, Inc.
Florida Restaurant Group LLC
Metrolina Restaurant Group LLC
Palmetto Restaurant Group LLC
Wendy's International, 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 2004 - 2007
Case Closing Year 2004
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)
2:03-cv-02577-PMD-GCK (D.S.C.) 06/21/2004
EE-SC-0045-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/07/2003
EE-SC-0045-0001 PDF | Detail
Intervenors' Complaint 12/18/2003
EE-SC-0045-0002 PDF | Detail
Consent Decree 06/21/2004
EE-SC-0045-0003 PDF | Detail
Judges Kosko, George C. (D.S.C.) [Magistrate]
EE-SC-0045-9000
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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