University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FREEWAY FOODS, INC., dba WAFFLE HOUSE EE-NC-0039
Docket / Court 5:98-CV-322-BR3 ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Charlotte District Office of the EOOC brought this action in the U.S. District Court for the Eastern District of North Carolina against Freeway Foods, Inc., d/b/a Waffle House Restaurants. The complaint, filed in April 1998, alleged sex discrimination in violation of Title VII of the Civil ... read more >
The Charlotte District Office of the EOOC brought this action in the U.S. District Court for the Eastern District of North Carolina against Freeway Foods, Inc., d/b/a Waffle House Restaurants. The complaint, filed in April 1998, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964, but we do not have access to the complaint.

Prior to discovery the parties reached a settlement agreement and a consent decree was entered in September 1998. The decree, which was valid for two years, required Defendant to comply with all anti-discrimination laws; pay the charging parties an amount that was not disclosed in the decree, place the employee who harassed the charging parties on probation for one year; provide the charging parties with neutral employment references; distribute an anti-discrimination policy to each new employee and post the notice in each of its store, provide sexual harassment training to its employees, both supervisory and non-supervisory; and provide the EEOC with semi-annual reports regarding any complaints of sexual harassment known to Defendant.

Kevin Wilemon - 06/04/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Follow recruitment, hiring, or promotion protocols
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Freeway Foods, 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 1998 - 2000
Case Closing Year 1998
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)
5:98-cv-00322-BR (E.D.N.C.) 09/29/1998
EE-NC-0039-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 09/29/1998
EE-NC-0039-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [dismissing case] 09/29/1998 (E.D.N.C.)
EE-NC-0039-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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