Case: EEOC v. GRAND CHINA BUFFET

3:04-cv-00015 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 15, 2004

Closed Date: Aug. 5, 2004

Clearinghouse coding complete

Case Summary

The El Paso Area Office of the EEOC brought this suit against Grand China Buffet, Inc. dba The Grand China Buffet, in the United States District Court for the Western District of Texas in January 2004. The complaint alleged that the Defendant violated Title VII because its owners sexually harassed and constructively discharged two non-Asian, Hispanic females based on their race, national origin, and sex. The parties entered into a consent decree in August 2004, which enjoined the Defendant from…

The El Paso Area Office of the EEOC brought this suit against Grand China Buffet, Inc. dba The Grand China Buffet, in the United States District Court for the Western District of Texas in January 2004. The complaint alleged that the Defendant violated Title VII because its owners sexually harassed and constructively discharged two non-Asian, Hispanic females based on their race, national origin, and sex. The parties entered into a consent decree in August 2004, which enjoined the Defendant from discriminating or retaliating against employees. It also required the Defendant to pay $12,000 to two complainants, to provide them with positive employment references, and to expunge their personnel records. The Defendant was also required to provide four hours of training for all employees, owners, and the owners' wives; to post a notice regarding its Title VII policies; and to create a complaint system that would allow employees to complain about harassment to someone other than the owners or their wives.

Summary Authors

Kevin Wilemon (5/20/2008)

Documents in the Clearinghouse

Document

3:04-cv-00015

Docket (PACER)

Equal Employment v. Grand China Buffet

Aug. 5, 2004

Aug. 5, 2004

Docket
1

3:04-cv-00015

Complaint

EEOC v. Grand China Buffet, Inc.

Jan. 15, 2004

Jan. 15, 2004

Complaint
7

3:04-cv-00015

Consent Decree

EEOC v. Grand China Buffet, Inc.

Aug. 4, 2004

Aug. 4, 2004

Settlement Agreement

Resources

Docket

Last updated March 20, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge Kathleen Cardone (rc) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

1

Complaint filed. (Pages: 5) (rc) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

No filing fee required for the Equal Employment Opportunity Commission - Federal Agency (rc) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

Judge Cardone's standing order packet mailed to attorney. (rc) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

2

Answer by Grand China Buffet (aq) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

3

Notice of filing by Grand China Buffet, Waiver of Summons (aq) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

4

Notice of filing by Equal Employment, Grand China Buffet, Report of Parties' Planning Meeting (aq) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

5

Scheduling order setting Joining of parties, amending of pleadings on 7/1/04 Deadline for filing of all motions 10/15/04 Discovery cutoff 9/15/04 , termed motions signed by Judge Kathleen Cardone (aq) (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

6

Joint Motion by Equal Employment, Grand China Buffet for Entry of Consent Decree (aq) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

7

Consent Decree signed by Judge Kathleen Cardone (Pages: 9) (aq) (Entered: 08/05/2004)

Aug. 4, 2004

Aug. 4, 2004

8

Order granting motion for Entry of Consent Decree [6-1] signed by Judge Kathleen Cardone (aq) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

Case closed (aq) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 15, 2004

Closing Date: Aug. 5, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Grand China Buffet, Inc. (El Paso, TX), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 12000

Order Duration: 2004 - 2005

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic

Indian