University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LUPIS SPORT BAR & CANTINA EE-PR-0006
Docket / Court 04-2031/RLA ( D.P.R. )
State/Territory Puerto Rico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC's Miami district office filed suit against Lupis Enterprises, Inc., the Puerto Rican parent company of the Lupis Mexican Grill & Sports Cantina, on September 30, 2004 in the U.S. District Court for the District of Puerto Rico. The EEOC's complaint alleged that Lupis violated Title VII ... read more >
The EEOC's Miami district office filed suit against Lupis Enterprises, Inc., the Puerto Rican parent company of the Lupis Mexican Grill & Sports Cantina, on September 30, 2004 in the U.S. District Court for the District of Puerto Rico. The EEOC's complaint alleged that Lupis violated Title VII when it engaged in discrimination based on sex (female) against four employees, providing a hostile work environment, unfair scheduling, and retaliated against one of the employees when she complained by firing her. Lupis filed a motion for summary judgment in September 2006 which was never resolved. The parties entered into a consent judgment on December 21, 2006. The consent judgment enjoined Lupis from future discrimination and required development of a policy against sexual harassment, Title VII compliance training for managerial and supervisory staff and posting of notice of compliance with Title VII. The consent judgment further required Lupis to pay $55,000 in damages to the four aggrieved employees.

Aaron Weismann - 06/01/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
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
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) Lupis Enterprises, 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 2006 - 2008
Case Closing Year 2006
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)
3:04-cv-02031-RLA (D.P.R.) 12/21/2006
EE-PR-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2004
EE-PR-0006-0001 PDF | Detail
Order [for contested motions for discovery] 08/01/2006 (D.P.R.)
EE-PR-0006-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/21/2006
EE-PR-0006-0003 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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