Case: EEOC v. MCCORMICK AND SCHMICK'S RESTAURANT CORP

1:06-cv-07806 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 28, 2006

Closed Date: Sept. 17, 2009

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Case Summary

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 settlemen…

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)

Documents in the Clearinghouse

Document

1:06-cv-07806

Docket (PACER)

EEOC v. McCormick & Schmick's Restaurant Corp.

March 17, 2008

March 17, 2008

Docket
10

1:06-cv-07806

Consent Decree

EEOC v. McCormick & Schmick's Restaurant Corp.

March 17, 2008

March 17, 2008

Settlement Agreement

Resources

Docket

Last updated March 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against McCormick & Schmick's Restaurant Corp.. Document filed by Equal Employment Opportunity Commission.(es, ) (Entered: 10/02/2006)

Sept. 28, 2006

Sept. 28, 2006

SUMMONS ISSUED as to McCormick & Schmick's Restaurant Corp.. (es, ) (Entered: 10/02/2006)

Sept. 28, 2006

Sept. 28, 2006

Magistrate Judge Andrew J. Peck is so designated. (es, ) (Entered: 10/02/2006)

Sept. 28, 2006

Sept. 28, 2006

Case Designated ECF. (es, ) (Entered: 10/02/2006)

Sept. 28, 2006

Sept. 28, 2006

2

NOTICE OF APPEARANCE by Dov Kesselman on behalf of McCormick & Schmick's Restaurant Corp. (Attachments: # 1 Certificate of Service)(Kesselman, Dov) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

3

ORDER ADMITTING ATTORNEY PRO HAC VICE: the motion for admission of Gerald L. Maatman Jr. to practice pro hac vice in this action as counsel for dft is granted upon payment of the applicable fee. (Signed by Judge Denny Chin on 11/2/06) (dle, ) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

Transmission to Attorney Admissions Clerk. Transmitted re: 3 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, ) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

4

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying McCormick & Schmick?s Seafood Restaurants, Inc., a publicly-held corporation, through its subsidiaries McCormick & Schmick Acquisition Corp. and McCormick & Schmick Acquisition Corp. II. as Corporate Parent. Document filed by McCormick & Schmick's Restaurant Corp.. (Attachments: # 1 Certificate of Service)(Kesselman, Dov) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

5

ANSWER to Complaint. Document filed by McCormick & Schmick's Restaurant Corp.. (Attachments: # 1 Certificate of Service)(Kesselman, Dov) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

CASHIERS OFFICE REMARK on 3 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 11/8/2006, Receipt Number 596351. (gm) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

7

ORDER the EEOC is a party and defendant is entitled to depose a party representative, but only as to factual matters. Defendant may not, however, depose Ms. Barno as to any deliberative matters or why she did or did not do certain things, Defendant may not question Ms. Barno, or any representative of the EEOC, on why it made its probable cause finding. SO ORDERED. (Signed by Judge Denny Chin on 8/7/2007) (jmi) (Entered: 08/08/2007)

Aug. 7, 2007

Aug. 7, 2007

8

ENDORSED LETTER addressed to Judge Denny Chin from Michael Ranis dated 9/23/07 re: Discovery dispute re an additional deposition. ENDORSEMENT: The defendant's objection to the EEOC's request to depose Caldwell is sustained; the request is DENIED. (Signed by Judge Denny Chin on 10/4/07) (cd) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

9

ORDER : The trial in this action shall commence on March 10, 2008 at 10:00 a.m. The parties shall submit a joint pretrial order, request to charge, proposed voir dire, and proposed verdict sheet by March 7, 2008. The parties' request for a settlement conference is denied. (Signed by Judge Denny Chin on 2/11/2008) (jpo) (Entered: 02/13/2008)

Feb. 11, 2008

Feb. 11, 2008

10

CONSENT DECREE AND JUDGMENT # 08,0470 in favor of Equal Employment Opportunity Commission against McCormick & Schmick's Restaurant Corp. in the amount of $ 30,000.00. (Signed by Judge Denny Chin on 3/17/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 03/24/2008)

March 17, 2008

March 17, 2008

Clearinghouse

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

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):

EEOC Plaintiff

Attorney Organizations:

EEOC

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:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 30000

Order Duration: 2008 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits