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Case Name EEOC v. John Brennan, Serge Rigisish, d/b/a Little Waldorf Saloon EE-NV-0018
Docket / Court CV-N-01-0563-HDM-RAM ( D. Nev. )
State/Territory Nevada
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
EEOC's Los Angeles, CA office filed this sexual discrimination/harassment and retaliation lawsuit against two corporate defendants and two individual defendants in the United States District Court for the District of Nevada on 09/26/2001. The corporate defendants Rookies II, LLC and Rookies, Inc. ... read more >
EEOC's Los Angeles, CA office filed this sexual discrimination/harassment and retaliation lawsuit against two corporate defendants and two individual defendants in the United States District Court for the District of Nevada on 09/26/2001. The corporate defendants Rookies II, LLC and Rookies, Inc. operated a saloon and a sports bar in Nevada respectively. The two individual defendants were owners and major shareholders in the two businesses.

EEOC alleged on behalf of seven identified class members, all female, that they were subject to a hostile work environment where they suffered sexually charged conduct, derogatory statements and obscene and vulgar language from the individual defendants and other high-level supervisors. The employers also allegedly retaliated against the employees for complaints in the forms of demotion, loss of wages, further harassment, discipline and constructive discharge.

The parties initially went through ENE and settlement conference but failed to reach an agreement. After the district court denied EEOC's partial summary judgment on 02/23/2004, the parties reached a settlement agreement on 03/24/2004. Without access to any document related to the summary judgment decision, there is no way to evaluate the importance of this event to the parties' negotiations.

The suit was ultimately resolved by a 3-year consent decree entered by the court on 06/14/2004. The decree, 19 pages long, listed the defendants' monetary and non-monetary obligations in great details. The defendants were required to pay $200,000 in monetary relief (mostly non-pecuniary damage) and $100,000 liquidated damage to all class members in the event of breach. The two individual defendants were jointly and severally liable for the payment. They agreed to provide collateral for the payment and were prohibited from selling, closing, or transferring the interest of the businesses outside the normal course of business in order to escape the monetary obligations. The defendants also needed to expunge the lawsuit from the employees' personnel files.

Additionally, the decree prohibited the corporate defendants from discriminating and retaliating. To ensure compliance, they were required to retain and pay for an independent consultant chosen by the EEOC to revise policies, conduct training, investigate complaints and recommend resolutions for the complaints. Other obligations of the defendants included: posting and distributing the revised policies, trainings, record-keeping, and reporting (initial and periodic) to the EEOC about compliance with the above-mentioned non-monetary obligations.

Justin Kanter - 06/16/2007


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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
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Pay / Benefits
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) DOES 1-10
John Brennan
John Brennan
John Brennan
John Brennan
John Brennan
Rookies II, LLC
Rookies II, LLC
Rookies II, LLC
Rookies II, LLC, and DOES 1-10 Inclusive
Rookies, Inc.
Rookies, Inc.
Serge Rigisch
Serge Rigisich
Serge Rigisich
Serge Rigisich
Serge Rigisich
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 2004 - 2007
Case Closing Year 2004
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)
3:01-cv-00563-HDM-VPC (D. Nev.) 06/14/2004
EE-NV-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2001
EE-NV-0018-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 01/14/2003
EE-NV-0018-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Consent Decree 06/14/2004
EE-NV-0018-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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