University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. B&B MANAGEMENT INC (d/b/a TACO BELL) EE-NM-0047
Docket / Court 1:03-cv-00398-LH-RLP ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix District Office of the EEOC brought this suit against B & B Management Inc., doing business as Taco Bell, in March 2003, in the U.S. District Court for the District of New Mexico. The case alleged that the manager sexually harassed four complainants and an undisclosed class of female ... read more >
The Phoenix District Office of the EEOC brought this suit against B & B Management Inc., doing business as Taco Bell, in March 2003, in the U.S. District Court for the District of New Mexico. The case alleged that the manager sexually harassed four complainants and an undisclosed class of female workers in violation of Title VII of the Civil Rights Act of 1964. Some were directly retaliated against for their complaints and some were constructively discharged. The suit appears to have only had a status conference and then a consent decree was issued as to non-monetary relief on November 14, 2003. Then in March 2004 the court found that the case was resolved. The reason for no monetary relief is likely that the defendant was going through chapter 11 bankruptcy at the time.

The consent decree contained only injunctive relief. This relief consisted of EEO training, a new anti-discrimination policy, reporting every 6 months, choosing complaint investigators, establishing a complaint investigation procedure, and posting notice. The decree lasted 36 months.

Kevin Wilemon - 07/17/2007


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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
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
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) B & B Managment 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 2003 - 2006
Case Closing Year 2003
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)
1:03-cv-00398-LH-RLP (D.N.M.) 03/11/2004
EE-NM-0047-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/31/2003
EE-NM-0047-0001 PDF | Detail
Consent Decree as to Non-Monetary Relief 11/14/2003
EE-NM-0047-0002 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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