University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CRACKER BARREL OLD COUNTRY STORE et al EE-IL-0060
Docket / Court 1:04-cv-05273 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC's Chicago District Office sued Cracker Barrel Old Country Store on August 11, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work ... read more >
The EEOC's Chicago District Office sued Cracker Barrel Old Country Store on August 11, 2004 in the U.S. District Court for the Northern District of Illinois. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment for them, discriminated based on race (African American) by providing disparate terms of employment, retaliated against employees for complaining about their treatment, and constructively discharged numerous employees. The defendant filed a motion for summary judgment on February 14, 2006, but it was never resolved.

The parties entered into a consent decree on March 10, 2006 which stipulated that the defendant would pay $2,000,000 in damages to the class of plaintiffs to be apportioned by the EEOC, posting a notice of compliance with Title VII, providing Title VII compliance training to managers and all other employees in the affected stores, and to report to the EEOC concerning discrimination and harassment complaints.

A would-be claimant sought to amend the consent decree to include himself, even though he worked there five years prior to the covered time period, but the Court denied that motion.

Aaron Weismann - 06/19/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Auditing
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Cracker Barrel Old County Store, 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 - 2008
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)
1:04-cv-05273 (N.D. Ill.) 07/24/2006
EE-IL-0060-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Sues Cracker Barrel for Sex Bias and Racial Harassment [EEOC Press Release] 08/11/2004
EE-IL-0060-0002.pdf | Detail
Complaint 08/12/2004
EE-IL-0060-0003.pdf | Detail
Cracker Barrel to Pay $2 Million for Race and Sexual Harassment at Three Illinois Restaurants [EEOC Press Release] 03/10/2006
EE-IL-0060-0001.pdf | Detail
Consent Decree 03/13/2006
EE-IL-0060-0004.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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