University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. OUTRIGGER RESTAURANT EE-AL-0062
Docket / Court 1:97-cv-01189-CB-M ( S.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In December 1997, the Birmingham District Office of the EEOC brought this suit against Outrigger Restaurant, Inc. and Employer Accounting Services Com. Inc.in the U.S. District Court for the Southern District of Alabama, alleging that the defendants violated Title VII of the Civil Rights Act by ... read more >
In December 1997, the Birmingham District Office of the EEOC brought this suit against Outrigger Restaurant, Inc. and Employer Accounting Services Com. Inc.in the U.S. District Court for the Southern District of Alabama, alleging that the defendants violated Title VII of the Civil Rights Act by subjecting employees to racial harassment and a segregated work place. In August 1998, fifteen charging parties intervened in the suit. The charging parties also alleged violations of Section 1983. On February 8, 1999, Defendant Skilstaf filed a cross-claim against Defendant Outrigger Restaurant alleging that they should not be held responsible for teh racial discrimination perpetrated by Outrigger Restaurant and therefore claims indeminfication against Outrigger for all claims made by the plaintiffs in this case.

The EEOC settled its claims with the defendants in September 1999 through a consent decree. Defendants agreed to pay $150,000 to the plaintiffs as well as develop a harassment policy and complaint procedure, provide training to managers, keep records of the people hired including their race and position, advertise jobs in newspapers using the phrase "equal opportunity employer" and reach out to African American community groups to state Defendant's desire to recruit African American workers.

On June 10, 2000 the Court found in favor of Skilstaf on its cross claim for indemnification against Outrigger in the sum of $248,828.32. Outrigger appealed that judgment and on June 19 the Court reduced the amount to $14,924.79.

Jennifer Solomon - 07/02/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Employer Accounting Services Com. Inc.
Outrigger Restaurant, Inc.
Skilstaf, 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 1999 - 2001
Case Closing Year 1999
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)
1:97-cv-01189-CB-M (S.D. Ala.) 06/19/2000
EE-AL-0062-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/29/1997
EE-AL-0062-0004 PDF | Detail
Document Source: District Court
Complaint in Intervention 08/12/1998
EE-AL-0062-0006 PDF | Detail
Document Source: District Court
Defendant Skilstaf, Inc.'s Supplemental Cross Claim against defendant Outrigger Restaurant, LLC and Third Party Claim against Marvin L. Ratcliff, Jr. 02/08/1999
EE-AL-0062-0007 PDF | Detail
Document Source: District Court
Consent Decree 09/09/1999
EE-AL-0062-0005 PDF | Detail
Document Source: District Court
Order 06/19/2000 (2000 WL 1005943) (S.D. Ala.)
EE-AL-0062-0001 PDF | WESTLAW | Detail
Partial Consent Judgment 06/19/2000 (S.D. Ala.)
EE-AL-0062-0002 PDF | Detail
Judgment 06/19/2000 (S.D. Ala.)
EE-AL-0062-0003 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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