University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Red Robin Diner EE-PA-0146
Docket / Court 2:03-cv-03881-BWK ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2003, the Philadelphia District Office of the EEOC filed this lawsuit against Red Robin Diner in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the ... read more >
In June 2003, the Philadelphia District Office of the EEOC filed this lawsuit against Red Robin Diner in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected claimants, female employees, to a sexually hostile work environment culminating in their constructive discharge. Following some discovery and the setting of a trial date, the parties settled the lawsuit in November 2005 through a consent decree.

This consent decree has a term of 3 years and required the defendant to: pay $15,000 in damages to the claimants, refrain from discriminating or retaliating against employees, to provide annual training for all managers and supervisory employees, to maintain and distribute a written policy against discrimination and to post notice of EEO rights.

Keri Livingston - 11/01/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
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
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Red Robin Diner
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)
2:03-cv-03881-BWK (E.D. Pa.) 11/03/2005
EE-PA-0146-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2003
EE-PA-0146-0001.pdf | Detail
Memorandum and Order [Regarding Plaintiff's Motion to Compel] 04/04/2004 (2004 WL 1505358 / 2004 U.S.Dist.LEXIS 11837) (E.D. Pa.)
EE-PA-0146-0004.pdf | WESTLAW| LEXIS | Detail
Report and Recommendation 11/01/2005
EE-PA-0146-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/01/2005
EE-PA-0146-0003.pdf | Detail
Document Source: District Court
Judges Hart, Jacob P. (E.D. Pa.) [Magistrate]
EE-PA-0146-9000
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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