University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ORIGINAL HOT DOG SHOP, INC. et al EE-PA-0164
Docket / Court 2:06-cv-01243-JFC-RCM ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2006, the EEOC district office in Philadelphia, Pennsylvania brought this action against Original Hot Dog Shops, Inc., doing business as the Original Hot Dog Shop and Food Gallery Original, Inc. in the U.S. District Court for the Western District of Pennsylvania. The complaint states ... read more >
In September 2006, the EEOC district office in Philadelphia, Pennsylvania brought this action against Original Hot Dog Shops, Inc., doing business as the Original Hot Dog Shop and Food Gallery Original, Inc. in the U.S. District Court for the Western District of Pennsylvania. The complaint states that four Black male former employees alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they unlawfully discharged the complainants because of their race. After a defense motion to dismiss was denied, the parties settled and a consent decree was entered in April 2007.

In the consent decree, the parties agreed that the defendant would pay the aggrieved parties a total of $7,500, post an EEOC notice, make semiannual complaint reports to the EEOC, refrain from retaliating and discriminating on the basis of race, comply with Title VII, not divulge any information concerning this litigation, and provide EEO training to all its supervisors and managers. No fees or costs were awarded. The terms of the decree ran for four years.

Joel Pettit - 07/23/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Food Gallery Original, Inc.
Original Hot Dog Shops, 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 2007 - 2011
Case Closing Year 2007
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)
2:06-cv-01243-JFC-RCM (W.D. Pa.) 04/27/2007
EE-PA-0164-9000.pdf | Detail
General Documents
Complaint 09/19/2006
EE-PA-0164-0001.pdf | Detail
First Amended Complaint 09/19/2006
EE-PA-0164-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Reccomendation 12/19/2006 (W.D. Pa.)
EE-PA-0164-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/31/2007 (2007 WL 316389) (W.D. Pa.)
EE-PA-0164-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/19/2007
EE-PA-0164-0005.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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