University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. JA & P RESTAURANTS, INC. d/b/a CRECHALES RESTAURANT EE-MS-0031
Docket / Court 2:05-cv-02182-KS-MTP ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
EEOC's Birmingham, Alabama office filed this sexual discrimination/harassment lawsuit against the defendant, JA & P Restaurants, Inc. (d/b/a Crechales's Restaurant) in the United States District Court for the Southern District of Mississippi (Hattiesburg) on 12/14/2005. JA & P is a Mississippi ... read more >
EEOC's Birmingham, Alabama office filed this sexual discrimination/harassment lawsuit against the defendant, JA & P Restaurants, Inc. (d/b/a Crechales's Restaurant) in the United States District Court for the Southern District of Mississippi (Hattiesburg) on 12/14/2005. JA & P is a Mississippi corporation operating restaurants in the state of Mississippi and the city of Hattiesburg. EEOC, on behalf of five former female employees and a class of women adversely affected by defendant's practices, alleged that defendant's restaurant manager in the Hattiesburg facility subjected the complainants to sexual harassment. The illegal practices led to the termination or constructive discharge of all named complainants. The complainants intervened in the suit.

The case was resolved by a four-year consent decree issued on 03/09/2007 after several months of discovery and before the parties engaged in a scheduled settlement conference.

The consent decree provided $12,500 in lump sum to the five named complainants without specifying the amount for each individual. Under the decree, the defendant was enjoined from discriminating, harassing, and retaliating against any employee based on sex. It was required to revise its EEO policies and internal complaint procedures. It must provide training to all employees in Mississippi and a separate one-time training session for its managers and supervisors. It was also required to distribute and post for four years its EEO policy. In addition, a semi-annual report must be made to the EEOC regarding the compliance with the posting and distribution requirements.

Justin Kanter - 06/11/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) JA & P Restaurants, Inc.
JA & P Restaurants, 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 2007 - 2011
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:05-cv-02182-KS-MTP (S.D. Miss.) 03/23/2007
EE-MS-0031-9000.pdf | Detail
General Documents
Complaint 12/14/2005
EE-MS-0031-0001.pdf | Detail
Intervenor Complaint 05/03/2006
EE-MS-0031-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/09/2007
EE-MS-0031-0003.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

- click to show/hide ALL -

new search
page permalink

- top of page -