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Case Name EEOC v. Boca Chica, Inc. D/B/A Loca Luna Restaurant EE-GA-0015
Docket / Court 1:03-Cv-2602-Jtc ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On August 29, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Atlanta U.S. District Court for the Northern District of Georgia against Boca Chica, Inc., (doing business as Loca Luna Restaurant) to enforce an agreement the parties had reached to settle a sexual harassment ... read more >
On August 29, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Atlanta U.S. District Court for the Northern District of Georgia against Boca Chica, Inc., (doing business as Loca Luna Restaurant) to enforce an agreement the parties had reached to settle a sexual harassment charge a female employee had filed with the EEOC. The EEOC sought monetary and injunctive relief, including specific performance of the requirements of the settlement, the employee's legal fees and costs in attempting to collect the amount owed, compensation for losses resulting from breach of the settlement, and punitive damages.

Before the EEOC investigates charges it sometimes has the parties participate in mediation. The settlement agreement had been reached during one such mediation session and required Boca Chica to pay the employee $50,000 and provide a neutral reference. The parties had also agreed to a non-disparagement clause. At the end of the mediation session, the employee said something to the effect of "I hope you guys have learned a lesson." The defendant subsequently claimed that the comment violated the non-disparagement clause and refused to comply with the agreement.

The parties eventually reached a settlement, which the Court entered as a consent decree on September 29, 2004. The 13-month decree provided monetary relief and subjected Boca Chica to a variety of injunctive provisions. Boca Chica was required to pay the employee $50,000 and supply a neutral reference, just as the original agreement provided. However, Boca Chica was further required to post an equal employment notice and to appoint a compliance official to oversee compliance with the decree. The parties bore their own costs and fees. The case is now closed.

Kenneth Gray - 07/29/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
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) Boca Chica, Inc. (d/b/a Loca Luna Restaurant)
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female employee
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 2004 - 2005
Case Closing Year 2004
Case Ongoing No
Additional Resources
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  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
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  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
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[ 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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:03-cv-02602-JTC (N.D. Ga.)
EE-GA-0015-9000.pdf | Detail
Date: 09/30/2004
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-GA-0015-0001.pdf | Detail
Date: 08/29/2003
Consent Decree
EE-GA-0015-0002.pdf | Detail
Date: 09/24/2004
EEOC Litigation Settlement Report - July 2004
EE-GA-0015-0004.pdf | Detail
Date: 11/15/2004
Judges Baverman, Alan J. (N.D. Ga.) [Magistrate]
EE-GA-0015-9000
Camp, Jack Tarpley Jr. (N.D. Ga.)
EE-GA-0015-0002 | EE-GA-0015-9000
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-GA-0015-0001
Keegan, Marcus G (Georgia)
EE-GA-0015-0002 | EE-GA-0015-9000
Royal, S. Robert (Georgia)
EE-GA-0015-0001 | EE-GA-0015-0002 | EE-GA-0015-9000
Tapper, Steven (Georgia)
EE-GA-0015-0001 | EE-GA-0015-9000
Defendant's Lawyers Cleek, Alisa Pittman (Georgia)
EE-GA-0015-9000
Friedman, Elliott M (Georgia)
EE-GA-0015-9000
Lail, Patrick Lee (Georgia)
EE-GA-0015-0002 | EE-GA-0015-9000
Liner, Alexandra O (Georgia)
EE-GA-0015-9000

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