University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DINE INC (d/b/a SILK CITY DINER) EE-PA-0056
Docket / Court 2:04-cv-04523-LS ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Philadelphia Office of the EEOC filed this action in the U.S. District Court for the Eastern District of Pennsylvania. The Defendants were Dine, Inc., doing business as Silk City Diner, and two other individuals. The controversy involved alleged harassment, discipline, re-assignment, and ... read more >
The Philadelphia Office of the EEOC filed this action in the U.S. District Court for the Eastern District of Pennsylvania. The Defendants were Dine, Inc., doing business as Silk City Diner, and two other individuals. The controversy involved alleged harassment, discipline, re-assignment, and retaliation against a female employee based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in May 2005. The complainant intervened in the case. The consent decree required the defendant to: pay the complainant $22,5000, post notice, refrain from discrimination and retaliation, develop an anti-discrimination including prompt investigation of complaints, and furnish written compliance reports to the EEOC.

Kevin Wilemon - 08/12/2007


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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 Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Dine, Inc.
George Barakos
Nicholas Barakos
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 - 2007
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-04523-LS (E.D. Pa.) 05/17/2005
EE-PA-0056-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff Intervenor's First Amended Complaint 12/20/2004
EE-PA-0056-0001 PDF | Detail
Consent Decree 05/12/2005
EE-PA-0056-0003 PDF | Detail
Document Source: District Court
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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