University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MIRABILE INVESTMENT CORPORATION and OLIVE OIL ASSOCIATES (d/b/a POPEYE'S CHICKEN AND BISCUIT RESTAURANT) EE-TN-0080
Docket / Court 2:04-cv-02775-JDB-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the Memphis Office of the EEOC brought this suit against Mirabile Investment Corporation and Olive Oil Associates (doing business as Popeye's Chicken and Biscuit Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; ... read more >
In September 2004, the Memphis Office of the EEOC brought this suit against Mirabile Investment Corporation and Olive Oil Associates (doing business as Popeye's Chicken and Biscuit Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant subjected six of the charging parties, female employees, to a sexually hostile work environment and terminated one of the charging parties, a female employee, in retaliation for her complaints of sexual harassment, all in violation of Title VII of the Civil Rights Act of 1964. After some discovery, the parties settled the lawsuit in July 2005 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: adopt a new policy regarding workplace harassment, post its anti-retaliation policy, regularly report to the EEOC regarding complaints about harassment, provide anti-retaliation training for all its employees, and pay $95,000 to be distributed among six charging parties.

David Friedman - 10/02/2007


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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
Other requirements regarding hiring, promotion, retention
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
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Mirabile Investment Corporation
Olive Oil Associates
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 2005 - 2008
Case Closing Year 2005
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)
2:04-cv-02775-JDB-tmp (W.D. Tenn.) 07/25/2005
EE-TN-0080-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 07/20/2005
EE-TN-0080-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pham, Tu M. (W.D. Tenn.) [Magistrate]
EE-TN-0080-9000
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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