University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Kirch-Lo, Inc. d/b/a "Crabby Kims" EE-IL-0059
Docket / Court 1:04-cv-02936 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In April 2004, the Chicago District Office brought this suit against Kirch-Lo, Inc., d/b/a Crabby Kims, Inc., in the U.S. District Office for the Northern District of Illinois. The complaint alleged that the defendant discriminated against the two charging parties as well as other Black and ... read more >
In April 2004, the Chicago District Office brought this suit against Kirch-Lo, Inc., d/b/a Crabby Kims, Inc., in the U.S. District Office for the Northern District of Illinois. The complaint alleged that the defendant discriminated against the two charging parties as well as other Black and Hispanic employees by subjecting them to racial and national origin harassment in violation of Title VII of the Civil Rights Act of 1964. The parties participated in a settlement conference in mid-July 2004. Thereafter, the defendant filed a motion for summary judgment later that month. In early August, the parties participated in another settlement conference resulting in a tentative agreement, resulting in the denial of the defendant's summary judgment motion as moot. The parties reached a final settlement agreement through a consent decree in October 2004.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of the decree, report to the EEOC semi-annually, develop an anti-harassment policy, provide Title VII training for all its employees, and pay $10,000 to be divided between two charging parties.

Michele Marxkors - 07/25/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Indian
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Kirch-Lo, 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 2004 - 2006
Case Closing Year 2004
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)
1:04-cv-02936 (N.D. Ill.) 10/29/2004
EE-IL-0059-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/26/2004
EE-IL-0059-0001.pdf | Detail
Consent Decree 11/01/2004
EE-IL-0059-0002.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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