University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Midamerica Hotels Corp., d/b/a Burger King EE-MO-0054
Docket / Court 4:03CV00107 HEA ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC's St. Louis district office sued MidAmerica Hotels Corporation and Northwest Development Company, d/b/a Burger King on January 30, 2003 in the U.S. District Court for the Eastern District of Missouri. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated ... read more >
The EEOC's St. Louis district office sued MidAmerica Hotels Corporation and Northwest Development Company, d/b/a Burger King on January 30, 2003 in the U.S. District Court for the Eastern District of Missouri. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment for the seven intervenors, who intervened in April 2003. The EEOC filed a partial motion for summary judgment in December 2003, which was granted in March 2004. The defendant filed seven partial motions for summary judgment against the intervenors in June 2004, but these were never resolved. The parties also repeatedly motioned to file documents under seal. The parties entered into a consent decree on December 8, 2004, which stipulated that the defendant would pay the intervenors $400,000 in damages, provide neutral letters of reference, never hire the offending manager again, post a notice of compliance with Title VII, post an EEO poster, provide Title VII training to its managers, provide Title VII training to three specific employees named in the consent decree, distribute a non-discrimination policy on company letterhead and on employee paychecks, send copies of all postings to the EEOC, report compliance with the consent decree, report complaints of sex discrimination to the EEOC as they occur, and allow the EEOC access to the defendant's premises to inspect compliance with the consent decree.

Aaron Weismann - 07/19/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) MidAmerica Hotels Corporation
Northwest Development Company
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 2004 - 2006
Case Closing Year 2004
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)
4:03-cv-00107-HEA (E.D. Mo.) 12/08/2004
EE-MO-0054-9000 PDF | Detail
General Documents
Stipulated Protective Order 08/26/2003 (E.D. Mo.)
EE-MO-0054-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint in Intervention 11/26/2003
EE-MO-0054-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 03/08/2004 (2004 WL 758054) (E.D. Mo.)
EE-MO-0054-0005 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/06/2004
EE-MO-0054-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Burger King Franchise Pays $400,000 for Alleged Sexual Harassment of Teens 12/06/2004
EE-MO-0054-0007 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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