University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HEATHER'S HOSPITALITIES, INC. EE-NY-0069
Docket / Court 04-CV-6198 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this action in the U.S. District Court for the Southern District of New York, against Heather's Hospitalities, Inc d/b/a Heather's Open Cucina and Lushane's Restaurants. The complaint, filed in August 2004, alleged sex discrimination in violation of ... read more >
The New York District Office of the EEOC brought this action in the U.S. District Court for the Southern District of New York, against Heather's Hospitalities, Inc d/b/a Heather's Open Cucina and Lushane's Restaurants. The complaint, filed in August 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant maintained a hostile work environment and constructively discharged the charging party because of her sex, female. The charging party intervened in March 2005 and in June 2007 the parties entered into a consent decree.

The decree, valid for five years, required Defendant to pay the charging party $50,000 ($30,000 in compensatory damages, $3,046.02 in back pay and $16,953.98 for attorney's fees and costs). Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to implement an anti-discrimination policy, post a notice of non-discrimination, provide Title VII training to its employees and report any complaints of sex discrimination to the EEOC.

Shankar Viswanathan - 07/26/2007


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Heather's Hospitalities, Inc.
Henry Hovorka
OPUS 15, Inc.
Patrick Kelly
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 - 2012
Case Closing Year 2007
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)
7:04-cv-06198-SCR-LMS (S.D.N.Y.) 06/19/2007
EE-NY-0069-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/11/2004
EE-NY-0069-0001 PDF | Detail
Consent Decree 06/19/2007
EE-NY-0069-0002 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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