University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MCDONALDS EE-NM-0033
Docket / Court 1:05-cv-00204-WJ-RLP ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2005, the Phoenix (along with the Washington, D.C. and Albuquerque) office of the EEOC brought this Title VII suit against McDonalds in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by subjecting ... read more >
In February 2005, the Phoenix (along with the Washington, D.C. and Albuquerque) office of the EEOC brought this Title VII suit against McDonalds in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by subjecting them to a hostile work environment because of sex. Specifically, the defendant subjected the claimaints to unwelcome and inappropriate physical contact and lewd and inappropriate sexual remarks. The case settled by entry of a consent decree in March 2006.

The three year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $90,000 in damages, provide the claimants with neutral reference, institute and implement policies that will promote a work environment free from sex discrimination and retaliation, review and revise its policies on sex discrimination/harassment and retaliation, distribute the policy, post notice, provide sex discrimination/harassment training for all employees, managers, supervisors, and officers, and give the EEOC reports every six months on any complaints of sex discrimination or retaliation and compliance with the decree.

Lionel Joiner - 07/11/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
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
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Pand Enterprises, 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 2006 - 2009
Case Closing Year 2006
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)
1:05-cv-00204-WJ-RLP (D.N.M.) 03/07/2006
EE-NM-0033-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/24/2005
EE-NM-0033-0001.pdf | Detail
EEOC Press Release 02/24/2005
EE-NM-0033-0004.pdf | Detail
Order [of Consent Decree] 03/07/2006 (D.N.M.)
EE-NM-0033-0002.pdf | Detail
EEOC Press Release 03/10/2006
EE-NM-0033-0003.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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