University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. CAFE ALCAPULCO, INC. EE-TX-0067
Docket / Court 3:98-cv-02302 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1998, the Dallas District Office of the EEOC brought this suit against CafÈ Acapulco, Inc. in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from a motion ... read more >
In September 1998, the Dallas District Office of the EEOC brought this suit against CafÈ Acapulco, Inc. in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from a motion for summary judgment that the complaint alleged that the defendant sexually harassed the charging party, a female employee, on the basis of sex in violation of Title VII of the Civil Rights Act of 1964 resulting in her constructive discharge. The defendant filed a motion to dismiss in December 1999 which was denied as moot about a month later. The EEOC voluntarily dismissed some of the claims in December 1999. In late January 2000, the defendant filed a motion for summary judgment which was denied in March. After some discovery and scheduling orders, the case was tried by a jury in May 2000 resulting in a jury verdict for the EEOC. A few days following the jury verdict, the EEOC filed a motion for injunction relief which was granted in June. We do not have a copy of the injunction, but it appears from the docket that the injunction required the defendant to distribute a sexual harassment policy to all of its current employees. In addition, a judgment on the jury verdict for the EEOC was entered in June requiring the defendant to pay a total of $21,759.59. The court also ordered injunctive relief, which required the defendant to: refrain from discrimination, conduct biannual training on sexual harassment, develop an anti-discrimination policy, and report complaints to the EEOC.

Kevin Wilemon - 11/02/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
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. § 2000e
Defendant(s) Cafe Acapulco, 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 Litigation
Form of Settlement None on record
Order Duration 2000 - 2001
Case Closing Year 2000
Case Ongoing No
Additional Resources
click to show/hide detail
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)
3:98-cv-02302 (N.D. Tex.) 08/11/2000
EE-TX-0067-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order [Regarding Defendant's Motion for Summary Judgment] 03/23/2000 (N.D. Tex.)
EE-TX-0067-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment 06/07/2000 (N.D. Tex.)
EE-TX-0067-0002.pdf | Detail
Amended Final Judgment 06/08/2000 (N.D. Tex.)
EE-TX-0067-0003.pdf | Detail
Permanent Injunction 06/08/2008 (N.D. Tex.)
EE-TX-0067-0004.pdf | Detail
Document Source: District Court
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

- click to show/hide ALL -

new search
page permalink

- top of page -