University of Michigan Law School
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Case Name EEOC v. FUSARO CORPORATION dba RISTORANTE II GALLO NERO EE-PA-0077
Docket / Court 2:99-cv-03321-WY ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 1999, the Philadelphia District Office of the EEOC filed this suit against Fusaro Corporation, d/b/a Ristorante II Gallo Nero, in the U.S. District Court for the Eastern District of Pennsylvania. We do not have a copy of the complaint. However, according to the Court's opinion, the ... read more >
In June 1999, the Philadelphia District Office of the EEOC filed this suit against Fusaro Corporation, d/b/a Ristorante II Gallo Nero, in the U.S. District Court for the Eastern District of Pennsylvania. We do not have a copy of the complaint. However, according to the Court's opinion, the complaint alleged that the defendant discriminated against the two charging parties, female employees, on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 by subjecting them to a sexually hostile work environment. Specifically, the defendant's CEO made unwelcome sexual comments to the parties and offensively touched the women, resulting in the constructive discharge of one of the employees. In addition, the defendant retaliated against the other charging party for her opposition to the discrimination by firing her for breaking a wine glass which was a common occurrence in the restaurant and had not resulted in the termination of any other employees. The defendant failed to answer the complaint or appear in court. Therefore, the Court entered a default judgment in favor of the plaintiff in October 1999. It then appears that a judgment trial was held in April 2000, resulting in a judgment of $114,020.03 for the charging parties.

Kevin Wilemon - 06/11/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
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) Fusaro Corporation
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
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2000
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)
2:99-cv-03321-WY (E.D. Pa.) 05/17/2000
EE-PA-0077-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion: Memorandum and Order 04/10/2000 (2000 WL 375256 / 2000 U.S.Dist.LEXIS 4600) (E.D. Pa.)
EE-PA-0077-0001.pdf | WESTLAW| LEXIS | 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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