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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LBW Investments, L.L.C. d/b/a JB's EE-UT-0011
Docket / Court 2:01CV00439C ( D. Utah )
State/Territory Utah
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2001, the Phoenix District Office of the EEOC filed this lawsuit, along with the US and Salt Lake City Attorney's Office, against LBW investments, Summit Family Restaurants, Santa Barbara Restaurant Group, JB's Family Restaurants and CKE Restaurants, all doing business as JB's Family ... read more >
In June 2001, the Phoenix District Office of the EEOC filed this lawsuit, along with the US and Salt Lake City Attorney's Office, against LBW investments, Summit Family Restaurants, Santa Barbara Restaurant Group, JB's Family Restaurants and CKE Restaurants, all doing business as JB's Family Restaurants, in the U.S. District Court for the Central District of Utah alleging sexual discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subject the twelve charging parties, female employees, to a sexually hostile work environment and retaliated against them to the point of constructively discharging some of the employees. Defendants Santa Barbara Restaurant Group and CKE Restaurants were voluntarily dismissed in August 2001. Following some discovery and an unsuccessful motion for summary judgment in October 2002, the parties settled the lawsuit through consent decrees in February and March of 2004.

The consent decrees, containing anti-discrimination and anti-retaliation clauses, lasted for five and three years and required the defendants to: make compliance reports to the EEOC, allow the EEOC access for monitoring, provide written apologies to the complainants and offer them reinstatement, post and distribute notice of EE laws, provide EEO training, implement a complaint resolution process, and pay a total of $435,000 to 12 individuals.

David Friedman - 11/15/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Apology
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reinstatement
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) CKE Restaurants
JB's Family Restaurants
LBW Investments
Santa Barbara Restaurant Group
Summit Family Restaurants
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 - 2009
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)
2:01-cv-00439-TC (D. Utah) 03/26/2004
EE-UT-0011-9000 PDF | Detail
General Documents
Complaint 06/15/2001
EE-UT-0011-0001 PDF | Detail
Amended Complaint 06/18/2001
EE-UT-0011-0002 PDF | Detail
Second Amended Complaint 08/30/2001
EE-UT-0011-0003 PDF | Detail
Third Amended Complaint 07/29/2002
EE-UT-0011-0004 PDF | Detail
Order 04/16/2003 (D. Utah)
EE-UT-0011-0005 PDF | Detail
Consent Decree [JB's Family Restaurants] 02/09/2004
EE-UT-0011-0006 PDF | Detail
Consent Decree [Summit Family Restaurants] 03/24/2004
EE-UT-0011-0007 PDF | Detail
Office of General Counsel FY 2004 Annual Report 10/18/2005
EE-UT-0011-0008 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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