University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Jillian's of Indianapolis IN Inc. EE-IN-0057
Docket / Court IP00-C-1452 -B/G ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2000, the Indianapolis office of the EEOC brought this suit against Jillian's of Indianapolis, IN Inc., Jillian's Entertainment Corp., and Jillian's Entertainment Holdings in the U.S. District Court for the Southern District of Indiana. Jillian's operates a nationwide chain of ... read more >
In September 2000, the Indianapolis office of the EEOC brought this suit against Jillian's of Indianapolis, IN Inc., Jillian's Entertainment Corp., and Jillian's Entertainment Holdings in the U.S. District Court for the Southern District of Indiana. Jillian's operates a nationwide chain of restaurants in about 25 states with more than 5,000 employees.

The complaint is unavailable; however an EEOC press release reveals that the EEOC alleged sex discrimination under Title VII on behalf of a class of male employees. The suit alleged that Jillian's maintained sex-segregated job classifications on a nationwide basis and failed to hire male employees to server positions and other so-called "female" job classifications because of their sex.

The defendant filed a motion for summary judgment in January 2003. In June 2003, the judge granted summary judgment to the defendant on the nationwide pattern and practice claim, but the motion was denied in part, and the case was allowed to proceed. The case was resolved by the entry of a consent decree in August 2004. In the three-year consent decree, the defendant was required to pay $350,000 in compensatory damages to the class members and $10,000 in administrative expenses to advertise for and locate class members. The decree provided that Jillian's will hire for all positions without regard to sex and will maintain applicant flow logs and applications. Additionally, Jillian's was required to prepare sex-neutral advertisements and revise job descriptions to make them sex-neutral.

Keri Livingston - 10/08/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Utilize objective hiring/promotion criteria
Utilize objective job description
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Jillian's of Indianapolis, IN 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 - 2007
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)
IP00-C-1452 -B/G (S.D. Ind.) 05/11/2005
EE-IN-0057-9000 PDF | Detail
General Documents
Entry on Defendants' Motion for Summary Judgment 06/16/2003 (279 F.Supp.2d 974) (S.D. Ind.)
EE-IN-0057-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 08/11/2004
EE-IN-0057-0004 PDF | Detail
Document Source: EEOC Regional Office
Jillian's to Pay $360,000 for Sex Discrimination Against Men 08/13/2004
EE-IN-0057-0001 PDF | Detail
EEOC Litigation Settlement Report - August 2004 11/19/2004
EE-IN-0057-0002 PDF | Detail
Office of General Counsel FY 2004 Annual Report 10/18/2005
EE-IN-0057-0003 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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