University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FERASA, INC. dba GAUCHOS RESTAURANT EE-TX-0124
Docket / Court SA00CA-1081 FB ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2000, the San Antonio District Office of the EEOC filed this lawsuit against Ferara, Inc., doing business as Gauchos Restaurant, in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of right of association in violation of Title VII of the ... read more >
In September 2000, the San Antonio District Office of the EEOC filed this lawsuit against Ferara, Inc., doing business as Gauchos Restaurant, in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of right of association in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the Order Denying Defendant's Motion to Dismiss Claims that the complainant, a white general manager, was forced to resign his position in opposition to the restaurant's refusal to hire blacks and dark-skinned Hispanics. Following the defendant's failure to cooperate in the defense of the matter, the Court struck the defensive pleadings and entered a default judgment against the defendant in the amount of $100,000 in damages, plus court costs.

David Friedman - 03/13/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Ferasa, 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
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2002
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)
5:00-cv-01081-FB (W.D. Tex.) 07/11/2002
EE-TX-0124-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Defendant's Motion to Dismiss Claims 11/10/2001 (W.D. Tex.)
EE-TX-0124-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Striking Defensive Pleadings and Entry of Default Judgment 07/11/2002 (W.D. Tex.)
EE-TX-0124-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FY 2002 Office of General Counsel Annual Report 06/16/2003
EE-TX-0124-0003.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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