University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Jack In The Box Inc. EE-WA-0037
Docket / Court CV03-0814P ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In April 2003, the EEOC district office in Seattle, Washington brought this suit against Jack in the Box, Inc., an international fast food restaurant, in the U.S. District Court for the Western District of Washington. Five women intervened in the suit. The complaint states that five female ... read more >
In April 2003, the EEOC district office in Seattle, Washington brought this suit against Jack in the Box, Inc., an international fast food restaurant, in the U.S. District Court for the Western District of Washington. Five women intervened in the suit. The complaint states that five female employees alleged violations of Title VII of the Civil Rights Act of 1964. Specifically, the women alleged that a manager at the Everett, Washington facility continuously subjected them to sexual harassment. Two women claimed to have been victims of retaliation when they complained about the harassment. Without any discovery or substantive motions, the parties settled and a consent decree was entered in June 2004.

In the consent decree, the parties agreed that the defendant would pay the complainants $300,000, refrain from retaliating or discriminating on the basis of sex, expunge all employment records making reference to this litigation, issue neutral references that state only title and dates of employment, implement a nondiscrimination policy, implement a complaint procedure, implement a policy ensuring supervisor accountability, provide EEO training, post EEO notices, and make semiannual compliance reports to the EEOC. No costs or fees were awarded. The terms of the agreement ran for two years with the possibility of a one year extension if there was a breach.

Joel Pettit - 06/17/2007


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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
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
EEOC intervened in private suit
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Jack in the Box, Inc.
Jack in the Box, 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 2004 - 2006
Case Closing Year 2004
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)
2:03-cv-00814-MJP (W.D. Wash.) 06/17/2004
EE-WA-0037-9000 PDF | Detail
General Documents
Complaint 04/08/2003
EE-WA-0037-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint by Plaintiffs in Intervention 07/02/2003
EE-WA-0037-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree and (Proposed) Order 06/03/2004
EE-WA-0037-0004 PDF | Detail
EEOC Litigation Settlement Report 06/30/2004
EE-WA-0037-0006 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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