On August 31, 2004, the EEOC filed a complaint in the United States District Court for the District of South Carolina under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991 on behalf of an aggrieved employee. The EEOC alleged that while working for Defendant, John Q. Hammons Hotels, Inc., the employee was subjected to a hostile work environment because of his race and was retaliated for reporting the behavior. The complaint specifically claimed that Defendant took no action in response to racist jokes and derogatory comments made by one of he employee's coworkers, and that Defendant ultimately discharged the employee for complaining. The EEOC sought injunctive and monetary relief.

On October 28, 2004 the District Court (Magistrate Judge Joseph R. McCrorey) granted the employee's motion to intervene as plaintiff. The intervenor-plaintiff then filed a complaint on December 10, 2004, which made the same basic allegations as the original complaint but filled in some additional factual information. The plaintiff-intervenor, a bartender, was subjected to derogatory remarks by the head chef that became progressively worse over a period of two years, especially after he was promoted to a supervisory position. The plaintiff-intervenor also claimed that Defendant engaged in discriminatory practices against the patrons of the facility. After the plaintiff-intervenor complained to management and nothing was done, he sent a complaint to upper-level management; when management of the facility found out, they immediately terminated him.

The District Court (Judge Cameron McGowan Currie) issued a consent decree on June 21, 2005, approving a settlement between the parties. The decree generally enjoined Defendant from any further discrimination or retaliation under Title VII. It also requires that Defendant pay $28,000 in monetary relief to the plaintiff-intervenor. Further, the decree required that Defendant distribute to all of its employees a sexual harassment policy, as well as provide annual training on the program to all of its supervisors, managers, and employees. The consent decree was to remain in effect for a period of two years.

Adam Teitelbaum - 03/21/2010


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