In March 2006, the Phoenix District Office of the EEOC filed this lawsuit against Lumpy, LLC, doing business as Chilly Bombers Bar & Grill, in the U.S. District Court for the District of Arizona alleging discrimination on the basis of gender, female and pregnancy in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the individual complainants in the case alleged that they were paid less than their male counterparts because they were female and pregnant.

On February 1, 2008, the District Court (Judge Susan Bolton) granted partial summary judgment for the defendants with regards to one of the named plaintiffs. This named plaintiff had complained based on a comparison to two male employees who were paid more despite having allegedly similar positions. Judge Bolton held that one of the male employees had a "substantially different" position, therefore there was no violation of the Equal Pay Act and the defendant's summary judgment motion should be granted in this respect. She held that a genuine issue of material fact remained as to whether the other male employee had a substantially similar position, suggesting the possibility of an Equal Pay Act violation. She further denied the defendant's motion for summary judgment as to the alleged Title VII violation based on the testimony offered by the plaintiff that she was told she could "renegotiate her salary after her pregnancy." 2008 WL 11339642.

Following this, a jury trial was held in March 2008. The jury found in favor of the plaintiff on the Title VII and Equal Pay Act claims. However, the jury did not award the plaintiff damages for lost wages or emotional pain with regard to the Title VII claim, and only awarded $200.00 in damages on the Equal Pay claim (the determined difference in pay). The plaintiff also proposed a final judgment that included requiring training, development of nondiscrimination policies, providing notice to employees, hiring and outside consultant to investigate discrimination claims, reporting, provision of a letter of reference and additional back pay. On May 6, 2008 this proposed judgment was rejected by the court and it was ordered that defendant pay $200.00 plus interest to the charging party. 2008 WL 11339641.

On June 23, 2008, Chief Deputy Michael O'Brien, signed a bill of costs against the defendants totaling $3,518.22 to cover the plaintiffs' litigation expenses.

The case is now closed.

David Friedman - 05/26/2008
Rachel Barr - 01/04/2018


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