University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LLC RESTAURANT CONCEPTS II (d/b/a APPLEBEE'S NEIGHBORHOOD BAR & GRILL) EE-NM-0005
Docket / Court 6:04-cv-00709-JCH-DJS ( D.N.M. )
State/Territory New Mexico
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 Phoenix District Office sued LLC Restaurant Concepts, II, d/b/a Applebee's Neighborhood Bar & Grill, on June 23, 2004 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that LLC violated Title VII when it discriminated based on sex (female) by ... read more >
The EEOC's Phoenix District Office sued LLC Restaurant Concepts, II, d/b/a Applebee's Neighborhood Bar & Grill, on June 23, 2004 in the U.S. District Court for the District of New Mexico. The EEOC's complaint alleged that LLC violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliating against a female employee for her complaint. The parties entered into a consent decree on October 26, 2005 which stipulated that the defendant would pay $310,000 in damages to be split among seven affected employees, revise and distribute its EEO policy, post a notice of compliance with Title VII, provide annual Title VII compliance training for the duration of the consent decree, revise its complaint resolution procedure, and report its progress to the EEOC semiannually.

Aaron Weismann - 06/14/2007


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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
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) LLC Restaurants Concepts, II
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 - 2008
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)
6:04-cv-00709-JCH-DJS (D.N.M.) 10/26/2005
EE-NM-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/23/2004
EE-NM-0005-0001 PDF | Detail
Consent Decree 10/26/2005
EE-NM-0005-0002 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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