University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MCCORMICK AND SCHMICK'S RESTAURANT CORP EE-NY-0099
Docket / Court 1:06-cv-07806-DC ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
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 ... read more >
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.

Justin Kanter - 05/28/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) McCormick & Schmick's Restaurant Corp.
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 2008 - 2009
Case Closing Year 2008
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)
1:06-cv-07806-DC (S.D.N.Y.) 03/17/2008
EE-NY-0099-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 03/17/2008
EE-NY-0099-0001 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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