University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SUBWAY OF ASHEVILLE #7 LLC et al EE-NC-0106
Docket / Court 1:05-cv-00046 ( W.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations ... read more >
In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that at the defendants' restaurant a number of women were sexually harassed, subjected to a hostile working environment, constructively discharged and retaliated against. Five complainants intervened in the EEOC's suit successfully in May and July 2005. In May 2006, the parties submitted a consent decree that was adopted by the court. The decree awarded $140,000 to the various complainants and enjoined the defendants from discriminating or retaliating in the future. The decree also imposed on the defendants the obligations to create an ant-discrimination policy, create training programs and maintain a variety of records concerning complaints of sexual harassment that may be brought to their attention in the future.

Tony Friedman - 08/16/2007


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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
Monitoring
Neutral/Positive Reference
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
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Ahmad Enterprises of North Carolina, Inc.
Subway of Asheville #7, LLC
Subway of Canton, Inc.
Subway of Merrimon Avenue, Inc.
Suwan Subway, LLC
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 - 2010
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)
1:05-cv-00046 (W.D.N.C.) 05/19/2006
EE-NC-0106-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/25/2005
EE-NC-0106-0001.pdf | Detail
Complaint in Intervention of Intervenors Melanie Cooper, Crystal Green, Christina Jackson and Danita Powell 06/08/2005
EE-NC-0106-0002.pdf | Detail
Complaint in Intervention of Intervenor Jennifer Grady 07/08/2005
EE-NC-0106-0003.pdf | Detail
Consent Decree 05/19/2006
EE-NC-0106-0004.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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