University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FLEMING INC (d/b/a J EDWARD'S) EE-SC-0017
Docket / Court 4:99-cv-02157-PMD ( D.S.C. )
State/Territory South Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor ... read more >
In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor of the defendant restaurant had been subjecting male servers to sexual harassment and a hostile work environment. One complainant intervened in the suit successfully in May 2000. The defendant moved for summary judgment in August 2000, but through a Report and Recommendation of the Magistrate Judge, the motion was denied. The defendant objected to that decision and, in March 2001, the District Judge overruled the objection. The parties then were able to come to an agreement that was approved by the court in the form of a consent decree in March 2001. That decree awarded $45,000 in damages and attorney's fees to three complainants. It also enjoined the defendant from discriminating or retaliating in the future in violation of Title VII. Further, it required the defendant to amend its current anti-discrimination policy and institute training programs for its employees on the topic of Title VII's requirements and sexual harassment.

Justin Kanter - 08/14/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Fleming, Inc.
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 2001 - 2003
Case Closing Year 2001
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)
4:99-cv-02157-PMD (D.S.C.) 03/29/2001
EE-SC-0017-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Magistrate Judge's Report and Recommendation [Regarding Defendant's Motion for Summary Judgment] 12/08/2000
EE-SC-0017-0001 PDF | Detail
Order [Adopting Magistrate Judge's Report and Recommendation] 03/01/2001 (D.S.C.)
EE-SC-0017-0002 PDF | Detail
Consent Decree 03/29/2001
EE-SC-0017-0003 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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