University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Da Fa Shanghai Inc EE-TX-0093
Docket / Court 4:05-cv-03364 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Houston office filed this suit on September 29, 2005 in the U.S. District Court for the Southern District of Texas (Houston). The EEOC alleged that defendant Da Fa Sjanghi, Inc., doing business as IHop, violated Title VII by discriminating and retaliating against female employees. The ... read more >
The EEOC's Houston office filed this suit on September 29, 2005 in the U.S. District Court for the Southern District of Texas (Houston). The EEOC alleged that defendant Da Fa Sjanghi, Inc., doing business as IHop, violated Title VII by discriminating and retaliating against female employees. The complaint alleged that the female employees were subjected to unwanted touching and unwelcome comments. Five complainants intervened in the suit. The defendant never answered the complaint. On March 1, 2007 the EEOC and plaintiffs moved for entry of default judgment. The court granted the motion and entered default judgment on May 22, 2007. The default judgment ordered defendant to pay four complainants $40,000 each. The defendant was also enjoined from discriminating or retaliating, ordered to expunge the complainant's records, ordered to implement a complaint procedure, and ordered to provide training for employees.

William Burns - 03/08/2008


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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
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Da Fa Sjanghi, 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 Litigation
Form of Settlement None on record
Order Duration not on record
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)
4:05-cv-03364 (S.D. Tex.) 05/22/2007
EE-TX-0093-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2005
EE-TX-0093-0001.pdf | Detail
Complaint in Intervention 02/20/2006
EE-TX-0093-0002.pdf | Detail
Order on Plaintiffs' Motion for Default Judgment 05/22/2007 (2007 WL 1775281) (S.D. Tex.)
EE-TX-0093-0003.pdf | WESTLAW | 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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