University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SONIC DRIVE-IN EE-NM-0044
Docket / Court 1:05-cv-01033-JCH-RLP ( 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 2005, the EEOC district office in Phoenix, Arizona brought this suit against Sonic Drive-In, a regional fast-food chain, in the U.S. District Court for the District of New Mexico. The complaint states that two pregnant former employees alleged that the defendant violated Title VII of ... read more >
In September 2005, the EEOC district office in Phoenix, Arizona brought this suit against Sonic Drive-In, a regional fast-food chain, in the U.S. District Court for the District of New Mexico. The complaint states that two pregnant former employees alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it unlawfully refused to hire and/or discharged them because of their pregnancies. Two months after the only settlement conference during the litigation, a consent decree was entered in October 2006.

In the consent decree, the parties agreed that the defendant would pay the women a total of $23,500, refrain from retaliating and discriminating on the basis of sex, institute and distribute a non-discrimination policy, revise any existing policies, post an EEO notice, provide EEO training, submit complaint/compliance reports, and allow the EEOC unfettered access to all consent decree documentation. No fees or costs were awarded. The terms of the agreement runs for three years.

Joel Pettit - 07/03/2007


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Pregnancy discrimination
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) M&D Industries
Richard Donaldson
RWW 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 - 2009
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)
1:05-cv-01033-JCH-RLP (D.N.M.) 10/26/2006
EE-NM-0044-9000.pdf | Detail
General Documents
Complaint 09/27/2005
EE-NM-0044-0001.pdf | Detail
First Amended Complaint 01/17/2006
EE-NM-0044-0002.pdf | Detail
Consent Decree 10/26/2006
EE-NM-0044-0003.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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