University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SIZZLER USA RESTAURANTS, INC EE-CA-0205
Docket / Court 06-cv-6142 PVT-JF ( 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 San Francisco District Office of the EEOC filed this lawsuit against restaurant chain Sizzler USA Restaurants in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender (female) and national origin (Mexican) in violation ... read more >
In September 2006, the San Francisco District Office of the EEOC filed this lawsuit against restaurant chain Sizzler USA Restaurants in the U.S. District Court for the Northern District of California alleging discrimination on the basis of gender (female) and national origin (Mexican) in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the complaining party was subjected to a hostile work environment and constructive discharge. The complainant intervened in the lawsuit in January 2007.

On May 16, 2008, an entry of default was entered against the defendants, and on May 20, 2008 the court granted the EEOC's motion to compel documents from the defendant. After the EEOC filed a motion for discovery order for civil contempt on June 23, 2008, the parties reached a settlement.

The five-year consent decree was entered into on August 28, 2008. The agreement enjoined the defendants from engaging harassment or retaliation on the basis of in sex or national origin. Further, the defendants agreed to modify their employment policies to include a provision requiring employees be provided the antidiscrimination and complaint procedure in their native language, among other things. The agreement required that the revised policy be posted in the restaurant and distributed to all employees. Further, the defendants agreed to hold supervisors accountable for discriminatory behavior, ensure supervisors enforced and carried out the nondiscrimination policies, and train employees on discrimination and harassment issues. The defendants were required to pay the charging party $300,000 and file periodic reports with the EEOC District Office for five years after the entry of the consent decree. As there was no further enforcement action, presumably the case is now closed.

Daisy Manning - 05/28/2008
Rachel Barr - 01/19/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Sizzler USA 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 2008 - 2013
Case Closing Year 2013
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
5:06-cv-06142-JF (N.D. Cal.)
EE-CA-0205-9000.pdf | Detail
Date: 11/25/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-CA-0205-0001.pdf | Detail
Date: 09/29/2006
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Compel Discovery [ECF# 18] (N.D. Cal.)
EE-CA-0205-0002.pdf | Detail
Date: 04/10/2007
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 39] (N.D. Cal.)
EE-CA-0205-0003.pdf | Detail
Date: 08/28/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Fogel, Jeremy D. (N.D. Cal.)
EE-CA-0205-0003 | EE-CA-0205-9000
Plaintiff's Lawyers Offen-Brown, David F. (California)
EE-CA-0205-9000
Ordonio-Dixon, Linda Susan (California)
EE-CA-0205-9000
Shaw, Eric Carroll (California)
EE-CA-0205-9000
Tamayo, William Robert (California)
EE-CA-0205-9000
Defendant's Lawyers Mertens, Glen Henry (California)
EE-CA-0205-9000
Newman, Matthew Taylor (California)
EE-CA-0205-9000

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