University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CRACKER BARREL EE-NM-0021
Docket / Court CIV 06 0920 MV/WDS ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant Cracker Barrel Old Country Store, Inc. in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of gender, female, in violation of Title ... read more >
In September 2006, the Phoenix District Office and Albuquerque Area Office of the EEOC filed this lawsuit against restaurant Cracker Barrel Old Country Store, Inc. in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants created a hostile work environment and retaliated against the complainants for complaining of this treatment. Following some discovery, the parties settled the lawsuit in September 2007 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, keep records, allow access for monitoring, create internal compliance managers, provide neutral references for the complainants, post and distribute notice, provide EEO training, implement a complaint resolution procedure, add additional criteria to managerial responsibilities, keep the complainants' identities a secret, require retraining for a terminated employee if they ever reapplied to the position, and pay $270,000 to be distributed among five individuals and their attorneys.

David Friedman - 05/09/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Apology
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Cracker Barrel Old Country Store, Incorporated
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 2007 - 2010
Case Closing Year 2007
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)
6:06-cv-00920-MV-WDS (D.N.M.) 09/29/2007
EE-NM-0021-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 09/27/2006
EE-NM-0021-0001 PDF | Detail
Consent Decree 08/24/2007
EE-NM-0021-0002 PDF | Detail
Order Administratively Closing Case 09/29/2007 (D.N.M.)
EE-NM-0021-0003 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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