Filed Date: Sept. 28, 2006
Closed Date: Sept. 17, 2009
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The New York office of the EEOC brought this suit against McCormick & Schmick's Restaurant Corp. in the U.S. District Court for the Southern District of New York in September 2006. While we do not have a copy of the complaint, it ostensibly alleged that the defendant discriminated against employees based on their race, African American, in violation of Title VII of the Civil Rights Act of 1964. After some discovery and a discovery dispute, the judge denied the parties' request for a settlement conference. Subsequently, however, the parties settled the case in March 2008 by entry of a consent decree.
The decree included non-discrimination and non-retaliation clauses, required the development of an anti-discrimination policy, and required the posting and distribution of the anti-discrimination policy. The decree also required McCormick & Schmick's Restaurant Corp. to provide no fewer than two hours of training in Federal laws prohibiting discrimination in employment for all employees at its New York City restaurant. The consent decree also recognized that the defendant had clarified and expanded its website and toll-free telephone number to make clear that they are available for reporting incidents of employment discrimination, harassment, or retaliation. The EEOC maintained the ability to monitor and review compliance with the consent decree. Furthermore, the decree required the defendant to provide a report to the EEOC thirty days before the expiration of the decree regarding any complaints by employees in the New York City restaurant about discrimination on the basis of race. The defendant was also required to appoint an Equal Employment Office Coordinator to investigate discrimination complaints. The injunctive parts of the decree had a term ending on September 30, 2009. If the EEOC found non-compliance, the decree called for court enforcement. In addition, McCormick & Schmick's Restaurant Corp. agreed to pay the three complainants $20,000, $6,000 and $4,000 respectively. The decree was to last for 18 months. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.
Summary Authors
Justin Kanter (5/28/2008)
Clearinghouse (6/11/2017)
Last updated March 22, 2024, 3:09 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 28, 2006
Closing Date: Sept. 17, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
McCormick & Schmick's Restaurant Corp. (New York, New York), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 30000
Order Duration: 2008 - 2009
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
Discrimination-area:
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
Race:
EEOC-centric: