University of Michigan Law School
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Case Name EEOC v. RARE HOSPITALITY INTERNATIONAL INC (d/b/a LONGHORN STEAK HOUSE) EE-FL-0097
Docket / Court 8:02-cv-01770-JSM ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2002, the Tampa Area Office of the EEOC brought this suit against Rare Hospitality International, Inc., d/b/a Longhorn Steakhouse, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act ... read more >
In September 2002, the Tampa Area Office of the EEOC brought this suit against Rare Hospitality International, Inc., d/b/a Longhorn Steakhouse, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the charging party, a female employee, and similarly situated individuals were subjected to sexual harassment by their manager consisting of unwelcome sexual comments and sexually offensive physical conduct. In addition, the defendant retaliated against the charging party by assigning her unfavorable job assignments and eventually discharging her in response to her complaints of the harassment. The charging party intervened in the suit in November 2002. The parties then filed a proposed consent decree about a month later in December 2002. After some scheduling orders, the parties participated in mediation in November 2003 and finally reached a final settlement in December 2003 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: distribute a copy of its sexual harassment and retaliation policy, provide Title VII training for its managers and supervisory personnel, post a notice of the consent decree, and report to the EEOC every six months. In addition, the defendant agreed to pay a total of $200,000 to be distributed among three individuals.

Michele Marxkors - 06/26/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
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
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Rare Hospitality International, 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 2003 - 2007
Case Closing Year 2003
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)
8:02-cv-01770-JSM (M.D. Fla.) 12/30/2003
EE-FL-0097-9000.pdf | Detail
General Documents
Complaint 09/30/2002
EE-FL-0097-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint of Intervention and Demand for Jury Trial 11/12/2002
EE-FL-0097-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 11/05/2003 (M.D. Fla.)
EE-FL-0097-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Consent Order of Dismissal with Prejudice 12/30/2003 (M.D. Fla.)
EE-FL-0097-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/30/2003
EE-FL-0097-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers 01/08/2004
EE-FL-0097-0006.pdf | Detail
EEOC Litigation Settlements December 2003 12/01/2004
EE-FL-0097-0007.pdf | Detail
Protecting Our Nation's Workers From The Start: EEOC's Youth @ Work Initiative 10/18/2005
EE-FL-0097-0008.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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