University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. POPEYES CHICKEN EE-TX-0280
Docket / Court H-06-3061 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Houston District Office of the EEOC brought this suit against Houston Fast Foods which owns and operates a Popeye's franchise, in September of 2006, in the U.S. District Court for the Southern District of Texas. The suit was based on violations of Title VII, when a manager at a Popeye's ... read more >
The Houston District Office of the EEOC brought this suit against Houston Fast Foods which owns and operates a Popeye's franchise, in September of 2006, in the U.S. District Court for the Southern District of Texas. The suit was based on violations of Title VII, when a manager at a Popeye's sexually harassed female employees by groping them and other sexual advances, and retaliated against them by reducing hours and constructive termination. The parties settled the case within a week of the case being filed through a consent decree issued on October 4th, 2006.

The consent decree contained monetary relief and injunctive relief. The damages paid totaled $126,000, with $86,000 going to two named complainants and the remainder going to a settlement fund for a class of women to be determined by the EEOC. The injunctions were designed to prevent Houston Fast Foods from discriminating on the basis of gender or retaliating against complainants in the future. They were to fire the manager who was responsible for the harassment and retaliation, as well as give future employers a negative reference as to this former employee. They were to apologize to the complainants and expunge their records. In addition they were required to provide annual training on sexual discrimination and retaliation to their employees, and initiate a new anti-harassment policy. The decree is to last for 36 months.

Alex Bean - 06/12/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Apology
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Follow recruitment, hiring, or promotion protocols
Monitoring
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
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
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Houston Fast Foods
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)
4:06-cv-03061 (S.D. Tex.) 10/04/2006
EE-TX-0280-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-TX-0280-0001.pdf | Detail
Consent Decree 10/02/2006
EE-TX-0280-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Stacy, Frances H. (S.D. Tex.) [Magistrate]
EE-TX-0280-9000
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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