University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. TANDS INC. dba BOJANGLES EE-NC-0111
Docket / Court 7:01-CV-180BR1 ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2001 the Raleigh and Charlotte offices of the EEOC brought this suit against Tands, Inc. d/b/a Bojangles Famous Chicken & Biscuit in the U.S. District Court for the Eastern District of North Carolina. In its complaint the EEOC alleged that the defendant violated Title VII of the Civil ... read more >
In September 2001 the Raleigh and Charlotte offices of the EEOC brought this suit against Tands, Inc. d/b/a Bojangles Famous Chicken & Biscuit in the U.S. District Court for the Eastern District of North Carolina. In its complaint the EEOC alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by discriminating against a class of female employees because of their sex by subjecting them to sexual harassment. The EEOC also alleged that the defendant retaliated against the female employees by discharging or constructively discharging them.

A trial date was set, but the case settled by the entry of a consent decree in February 2003. In the eighteen-month consent decree, six female complainants were each awarded $6,000.00 in damages. Additionally, the defendant was required to provide Title VII training to its employees, post notice of Title VII rights, and report to the EEOC twice during the duration of the decree. The defendant must include a statement in all future job advertisements that it is an equal opportunity employer.

Kevin Wilemon - 10/22/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
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. ยง 2000e
Defendant(s) Tands, 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 - 2004
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)
7:01-cv-00180-BR (E.D.N.C.) 02/10/2003
EE-NC-0111-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/24/2001
EE-NC-0111-0001 PDF | Detail
Consent Decree 02/10/2003
EE-NC-0111-0002 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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