University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NEWPORT BAY RESTAURANT EE-WA-0057
Docket / Court C03-2618C ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2003, the Seattle District Office of the EEOC filed this lawsuit against K & C, Inc., doing business as Newport Bay Restaurant, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act ... read more >
In August 2003, the Seattle District Office of the EEOC filed this lawsuit against K & C, Inc., doing business as Newport Bay Restaurant, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining party to a hostile work environment based upon her sex, female. Shortly after the defendant answered the complaint, the parties settled the lawsuit through a consent decree in November 2003.

The five-year consent decree, containing anti-discrimination and retaliation language, required the defendant to: report on complaints, hire an auditor, expunge the complainants' employment record, provide an neutral reference, develop its anti-discrimination policy, post notice of employee rights, provide employee training, implement a complaint resolution process, and pay $25,000 to be distributed among two individuals.

Daisy Manning - 03/25/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Auditing
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
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. ยง 2000e
Defendant(s) K& C, 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 - 2008
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)
2:03-cv-02618-JCC (W.D. Wash.) 07/04/2006
EE-WA-0057-9000.pdf | Detail
General Documents
Complaint 08/22/2003
EE-WA-0057-0001.pdf | Detail
Consent Decree and [Proposed] Order of Dismissal 11/18/2003
EE-WA-0057-0003.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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