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Case Name EEOC v. Sbarro's Italian Eatery EE-UT-0016
Docket / Court 2:00-cv-00774-DB ( D. Utah )
State/Territory Utah
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2000, the U.S. Attorney's Office, Salt Lake City Attorneys Office, Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant chain Tri-Spur Investment Company (aka Tri-Spur Investments, Inc., Sbarro's Italian Eatery), Tri-Spur Investment LLC ( ... read more >
In September 2000, the U.S. Attorney's Office, Salt Lake City Attorneys Office, Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant chain Tri-Spur Investment Company (aka Tri-Spur Investments, Inc., Sbarro's Italian Eatery), Tri-Spur Investment LLC (aka Tri Spur Investment II LLC, Sbarro's Italian Eatery) and Berkley Corporation in the U.S. District Court for the District of Utah alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. The complaining party intervened in the lawsuit in March 2001. The Complaint in Intervention similarly alleged sexual harassment and a violation of Title VII. The Intervenor alleged that she was subject to inappropriate and vulgar statements, groping, unwelcome touching and more. The Intervenor sought compensatory annd punitive damages as well as an injunction and declaratory relief.

Following extensive discovery, the dismissal of some of the defendants, and motion for summary judgment by the defendant that was granted in part, the parties settled the lawsuit in February 2004. This settlement agreement required the defendant to: pay $80,000 to the charging parties, maintain, post, and distribute a sexua harassment policy, and to provide training to its employees.

Keri Livingston - 06/04/2008


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Berkley Corporation
Tri-Spur Investment Company
Tri-Spur Investment LLC
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 Voluntary Dismissal
Order Duration 2004 - 2006
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)
2:00-cv-00774-DB (D. Utah) 02/13/2004
EE-UT-0016-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint in Intervention 04/06/2001
EE-UT-0016-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Verified Amended Complaint in Intervention 04/19/2001
EE-UT-0016-0001.pdf | Detail
Amended Complaint 09/25/2001
EE-UT-0016-0002.pdf | Detail
Order on Discovery Issues 10/25/2001 (D. Utah)
EE-UT-0016-0003.pdf | Detail
Order [Re: EEOC's Motion to Strike Certain Facts] 02/07/2002 (D. Utah)
EE-UT-0016-0004.pdf | Detail
Memorandum Opinion & Order [re: Motion to Dismissal Complaint] 03/08/2002 (D. Utah)
EE-UT-0016-0005.pdf | Detail
Order [Denying P-I's Motion for Final Judgment] 04/22/2002 (D. Utah)
EE-UT-0016-0006.pdf | Detail
Order [Denying Dft's Motion for Reconsideration of S/J Order] 05/13/2002 (D. Utah)
EE-UT-0016-0007.pdf | Detail
Order Granting Motion to Compel 11/18/2003 (D. Utah)
EE-UT-0016-0010.pdf | Detail
SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT TRI-SPUR INVESTMENT COMPANY, INC. 01/20/2004
EE-UT-0016-0014.pdf | Detail
Document Source: EEOC Regional Office
Order of Dismissal 02/13/2004 (D. Utah)
EE-UT-0016-0012.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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