University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FIRST WATCH RESTAURANT EE-CA-0085
Docket / Court 3:06-cv-06143-EMC ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2006, the EEOC district office in San Francisco, California brought this suit against First Watch Restaurant, Inc., a national restaurant franchise, in the U.S. District Court for the Northern District of California. The complaint alleged that the defendant violated Title VII of the ... read more >
In September 2006, the EEOC district office in San Francisco, California brought this suit against First Watch Restaurant, Inc., a national restaurant franchise, in the U.S. District Court for the Northern District of California. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it discriminated against female employees by maintaining a sexually hostile work environment where they were subjected to verbal and physical acts of sexual harassment. Two months after the initial complaint was filed, the parties consented to proceed before a magistrate judge and settled the case. A consent decree was entered in November 2006.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating based on sex, pay the aggrieved women $230,000, distribute its anti-harassment policy, post an EEO notice, implement complaint procedures, provide all new managers and staff with EEO training, inform all its managers and supervisors of their duty to enforce policy, expunge complainants' employee records, and issue neutral references. No costs or fees were awarded. The terms of the decree run for two years.

Jason Chester - 08/01/2007


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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
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) First Watch Restaurants, 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 2006 - 2008
Case Closing Year 2006
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)
3:06-cv-06143-EMC (N.D. Cal.) 11/20/2006
EE-CA-0085-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-CA-0085-0001.pdf | Detail
Consent Decree 11/14/2006
EE-CA-0085-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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