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Case Name EEOC v. Outback Steakhouse of Florida, Inc. EE-CO-0041
Docket / Court 1:06-cv-01935-EWN-BNB ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Denver District Office of the EEOC filed this lawsuit against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., and OS Restaurant Services, Inc. (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado ... read more >
In September 2006, the Denver District Office of the EEOC filed this lawsuit against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., and OS Restaurant Services, Inc. (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. The complaining parties intervened in the lawsuit in November 2006, November 2007, and September 2007.

Following discovery, successful motions to dismiss by the defendant in August and November 2007, and the filing of one of the complaining parties for Chapter 7 Bankruptcy, the parties were introducing evidence regarding the defendants' motions for summary judgment and motions to compel discovery as recently as April 21, 2008.

On December 29, 2009, Judge Christine M. Arguello (Dist. of Colorado) approved of a consent decree granting injunctive relief to the plaintiff. In addition to prohibiting retaliatory treatment towards any employees involved in this lawsuit, the Consent Decree also prohibits Outback from "discriminating against any employee or applicant on the basis of gender, in hiring, promotions, pay, terms and conditions of employment including providing women less favorable job assignments, less training opportunities, less opportunity for advancement, or creating or condoning a gender-based hostile work environment." The same "training and conditions of employment" should be available to all employees, and "scheduling and assignment of work shall be made in an equal and nondiscriminatory manner." The Consent Decree will be in effect for four years.

David Friedman - 05/29/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) OS Restaurant Partners, Inc.
OS Restaurant Services, Inc.
Outback Steakhouse of Florida, Inc.
Plaintiff Description All female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2013
Case Closing Year 2009
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)
1:06-cv-01935-EWN-BNB (D. Colo.) 04/21/2008
EE-CO-0041-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2006
EE-CO-0041-0001 PDF | Detail
Complaint in Intervention 12/04/2006
EE-CO-0041-0002 PDF | Detail
Amended Complaint in Intervention 01/26/2007
EE-CO-0041-0003 PDF | Detail
EEOC's First Amended Complaint 01/30/2007
EE-CO-0041-0004 PDF | Detail
Order [Regarding Motion for Protective Order] 03/01/2007 (D. Colo.)
EE-CO-0041-0005 PDF | Detail
Order and Memorandum of Decision granting Defendant Motion to Dismiss 08/27/2007 (D. Colo.)
EE-CO-0041-0007 PDF | Detail
Second Amended Complaint in Intervention and Jury Demand 09/10/2007
EE-CO-0041-0008 PDF | Detail
Complaint in Intervention and Jury Demand 11/02/2007
EE-CO-0041-0009 PDF | Detail
Consent Decree 12/29/2009 (2009 WL 5177751)
EE-CO-0041-0010 PDF | WESTLAW | Detail
Document Source: BNA (Bureau of National Affairs)
Judges Arguello, Christine M. (D. Colo.)
EE-CO-0041-0010
Boland, Boyd N. (D. Colo.) [Magistrate]
EE-CO-0041-0005
Mix, Kristen L. (D. Colo.) [Magistrate]
EE-CO-0041-9000
Nottingham, Edward Willis Jr. (D. Colo.)
EE-CO-0041-0007 | EE-CO-0041-9000
Monitors/Masters None on record
Plaintiff's Lawyers Feiger, Lynn D. (Colorado)
EE-CO-0041-0002 | EE-CO-0041-0003 | EE-CO-0041-0008 | EE-CO-0041-0009 | EE-CO-0041-0010 | EE-CO-0041-9000
Fuller, Ann Louise (Colorado)
EE-CO-0041-0001 | EE-CO-0041-9000
Kittle, Rita Byrnes (Colorado)
EE-CO-0041-0001 | EE-CO-0041-0004 | EE-CO-0041-0010 | EE-CO-0041-9000
O'Neill, Mary Jo (Arizona)
EE-CO-0041-0001 | EE-CO-0041-0010
Randall, Jennifer Ann (Colorado)
EE-CO-0041-9000
Struble, Stephanie (Colorado)
EE-CO-0041-0002 | EE-CO-0041-0003 | EE-CO-0041-0008 | EE-CO-0041-0009 | EE-CO-0041-9000 | EE-CO-0041-9000
Weeks, Nancy A. (Colorado)
EE-CO-0041-0001 | EE-CO-0041-0004 | EE-CO-0041-9000
Defendant's Lawyers Lee, Lawrence L. (Colorado)
EE-CO-0041-9000
Mandelson, Richard Saul (Colorado)
EE-CO-0041-0010 | EE-CO-0041-9000
Moore, Steven Woodrow (Colorado)
EE-CO-0041-0010 | EE-CO-0041-9000
Mueller, Stacy Dian (Colorado)
EE-CO-0041-9000
Other Lawyers None on record

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