Case: EEOC v. RIVER WAFFLES, LLC

1:05-cv-01225 | U.S. District Court for the Western District of Tennessee

Filed Date: Aug. 8, 2005

Closed Date: Feb. 19, 2009

Clearinghouse coding complete

Case Summary

In August 2005, the Memphis District Office of the EEOC brought this suit against River Waffles, LLC and Collis Foods, Inc. (d/b/a Waffle House Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint. However, it appears from the consent decree that the complaint alleged that the defendants violated the Americans with Disabilities Act of 1990 (the "ADA") by terminating the charging party's employment because he had Hepatitis C. Aft…

In August 2005, the Memphis District Office of the EEOC brought this suit against River Waffles, LLC and Collis Foods, Inc. (d/b/a Waffle House Restaurant) in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint. However, it appears from the consent decree that the complaint alleged that the defendants violated the Americans with Disabilities Act of 1990 (the "ADA") by terminating the charging party's employment because he had Hepatitis C. After some orders regarding an extension of time for the defendants to file their answer to the complaint, the parties settled in February 2006 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendants to: provide ADA training for all their employees at their Jackson location, post a notice of the decree, continue to post the posters required by the ADA, and pay the charging party $50,000. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (7/25/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

1:05-cv-01225

Docket [PACER]

EEOC v. River Waffles, LLC

Feb. 19, 2006

Feb. 19, 2006

Docket
8

1:05-cv-01225

Consent Decree

EEOC vs. River Waffles, LLC, and Collis Foods, Inc, d/b/a "Waffle House Restaurant"

Feb. 19, 2006

Feb. 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4662169/equal-employment-opportunity-commission-v-river-waffles-llc/

Last updated April 3, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against River Waffles, LLC, Collis Foods, Inc. , filed by Equal Employment Opportunity Commission. Copy JT/Copy JAn(jlw, ) (Entered: 08/10/2005)

Aug. 8, 2005

Aug. 8, 2005

2

ORDER : dfts to file answer by 11/15/05. Signed by Judge S. Thomas Anderson. (ejs, )

Oct. 17, 2005

Oct. 17, 2005

RECAP
3

AGREED ORDER extending time for dft to answer to and including 01/03/06. Signed by Judge S. Thomas Anderson. (ejs, )

Nov. 17, 2005

Nov. 17, 2005

RECAP
3

AGREED ORDER extending time for dft to answer to and including 01/03/06. Signed by Judge S. Thomas Anderson. (ejs, )

Nov. 17, 2005

Nov. 17, 2005

RECAP
4

Proposed Pretrial Order Proposed Consent Order by Collis Foods, Inc.. (Manuel, Joe) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

5

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 4 Proposed Pretrial Order filed by Collis Foods, Inc., has been filed. However, the following deficiency has been found: proposed orders are not to be entered on the docket sheet, but rather are to be forwarded to the appropriate judge's ECF mailbox. Please see our website for further information. The filer has one business day to correct the deficiency. (ejs, ) (Entered: 01/10/2006)

Jan. 9, 2006

Jan. 9, 2006

6

SECOND DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 4 Proposed Pretrial Order filed by Collis Foods, Inc., has been filed. However, the following deficiency has been found: order is NOT a proposed pretrial order, but rather an agreed order extending time for the dft to answer. Title of document must be corrected before forwarding to judge for approval. Proposed orders are not to be entered on the docket sheet, but rather are to be forwarded to the appropriate judge's ECF mailbox. Please see our website for more information. The filer has one business day to correct the deficiency. Failure to comply with this second notice will result in a request for further action from the court. (ejs, ) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

7

AGREED ORDER extending time for dft to answer, to and including 02/01/06. Signed by Judge S. Thomas Anderson on 01/13/06. (ejs, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

8

Final Consent Decree. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for three (3) years.III. INJUNCTION PROVISIONS?A. The Defendants, their officers, agents, employees, and all pers ons acting in concert with the Defendants are hereby enjoined from discriminating against a qualified individual with a disability because of the disability of such individual in regard to discharge and other terms, conditions, and privileges of empl oyment.?B. The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of a disability under the American With Disabilities Act of 1990.IV. NON-RETALIATION PROVISION?The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not discriminate against any individual becaus e such individual has opposed any act or practice made unlawful by the Americans With Disabilities Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Americans With Disabilities.V. TRAINING?Within thirty days after receiving a copy of this Decree entered by the Court, Waffle House will provide training for its management officials and all of its employees at the Jackson, Tennessee location concer ning the Americans With Disabilities Act. This training will specifically address discrimination in the terms and conditions employment of individuals with disabilities. Within twenty days after the completion of this training, Waffle House will su bmit a report to Katharine W. Kores, at the address indicated below, confirming that this training has occurred.VI. NOTICE POSTING?The Defendants shall continue to conspicuously post at the Jackson, Tennessee location, the notice (posters) required to be posted pursuant to the Americans With Disabilities Act of 1990. Furthermore, the Defendants shall conspicuously post the notice at Appendix A of this Decree at the Jackson facility for one year commencing within ten (10) days after entry of th is Decree by the Court.VII. INDIVIDUAL RELIEF?The Defendants shall pay John Doe twenty thousand four hundred dollars ($20,400.00) in back pay, less withholding taxes, and twenty-nine thousand six hundred dollars ($29,600.00) in compensator y damages. The payments will be made by mailing certified checks to the Charging Party, within ten (10) days of the entry of the Consent Decree at the address which will be provided by the Commission. A copy of the checks (front and back) will be ma iled at the same time to:Katharine W. Kores, Regional AttorneyEqual Employment Opportunity Commission1407 Union Avenue, Suite 621Memphis, TN 38104VII. COSTS?Each of the parties shall bear its own costs, including attorney?s fees.SO ORDERED this 19th day of February, 2006. Signed by Judge James D. Todd on 2/19/2006. (Todd, James)

Feb. 19, 2006

Feb. 19, 2006

RECAP
8

Final Consent Decree. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for three (3) years.III. INJUNCTION PROVISIONS?A. The Defendants, their officers, agents, employees, and all pers ons acting in concert with the Defendants are hereby enjoined from discriminating against a qualified individual with a disability because of the disability of such individual in regard to discharge and other terms, conditions, and privileges of empl oyment.?B. The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of a disability under the American With Disabilities Act of 1990.IV. NON-RETALIATION PROVISION?The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not discriminate against any individual becaus e such individual has opposed any act or practice made unlawful by the Americans With Disabilities Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Americans With Disabilities.V. TRAINING?Within thirty days after receiving a copy of this Decree entered by the Court, Waffle House will provide training for its management officials and all of its employees at the Jackson, Tennessee location concer ning the Americans With Disabilities Act. This training will specifically address discrimination in the terms and conditions employment of individuals with disabilities. Within twenty days after the completion of this training, Waffle House will su bmit a report to Katharine W. Kores, at the address indicated below, confirming that this training has occurred.VI. NOTICE POSTING?The Defendants shall continue to conspicuously post at the Jackson, Tennessee location, the notice (posters) required to be posted pursuant to the Americans With Disabilities Act of 1990. Furthermore, the Defendants shall conspicuously post the notice at Appendix A of this Decree at the Jackson facility for one year commencing within ten (10) days after entry of th is Decree by the Court.VII. INDIVIDUAL RELIEF?The Defendants shall pay John Doe twenty thousand four hundred dollars ($20,400.00) in back pay, less withholding taxes, and twenty-nine thousand six hundred dollars ($29,600.00) in compensator y damages. The payments will be made by mailing certified checks to the Charging Party, within ten (10) days of the entry of the Consent Decree at the address which will be provided by the Commission. A copy of the checks (front and back) will be ma iled at the same time to:Katharine W. Kores, Regional AttorneyEqual Employment Opportunity Commission1407 Union Avenue, Suite 621Memphis, TN 38104VII. COSTS?Each of the parties shall bear its own costs, including attorney?s fees.SO ORDERED this 19th day of February, 2006. Signed by Judge James D. Todd on 2/19/2006. (Todd, James)

Feb. 19, 2006

Feb. 19, 2006

RECAP
8

Final Consent Decree. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for three (3) years.III. INJUNCTION PROVISIONS?A. The Defendants, their officers, agents, employees, and all pers ons acting in concert with the Defendants are hereby enjoined from discriminating against a qualified individual with a disability because of the disability of such individual in regard to discharge and other terms, conditions, and privileges of empl oyment.?B. The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of a disability under the American With Disabilities Act of 1990.IV. NON-RETALIATION PROVISION?The Defendants, their officers, agents, employees, and all persons acting in concert with the Defendants shall not discriminate against any individual becaus e such individual has opposed any act or practice made unlawful by the Americans With Disabilities Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Americans With Disabilities.V. TRAINING?Within thirty days after receiving a copy of this Decree entered by the Court, Waffle House will provide training for its management officials and all of its employees at the Jackson, Tennessee location concer ning the Americans With Disabilities Act. This training will specifically address discrimination in the terms and conditions employment of individuals with disabilities. Within twenty days after the completion of this training, Waffle House will su bmit a report to Katharine W. Kores, at the address indicated below, confirming that this training has occurred.VI. NOTICE POSTING?The Defendants shall continue to conspicuously post at the Jackson, Tennessee location, the notice (posters) required to be posted pursuant to the Americans With Disabilities Act of 1990. Furthermore, the Defendants shall conspicuously post the notice at Appendix A of this Decree at the Jackson facility for one year commencing within ten (10) days after entry of th is Decree by the Court.VII. INDIVIDUAL RELIEF?The Defendants shall pay John Doe twenty thousand four hundred dollars ($20,400.00) in back pay, less withholding taxes, and twenty-nine thousand six hundred dollars ($29,600.00) in compensator y damages. The payments will be made by mailing certified checks to the Charging Party, within ten (10) days of the entry of the Consent Decree at the address which will be provided by the Commission. A copy of the checks (front and back) will be ma iled at the same time to:Katharine W. Kores, Regional AttorneyEqual Employment Opportunity Commission1407 Union Avenue, Suite 621Memphis, TN 38104VII. COSTS?Each of the parties shall bear its own costs, including attorney?s fees.SO ORDERED this 19th day of February, 2006. Signed by Judge James D. Todd on 2/19/2006. (Todd, James)

Feb. 19, 2006

Feb. 19, 2006

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 8, 2005

Closing Date: Feb. 19, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Collis Foods, Inc. (Jackson, TN), Private Entity/Person

River Waffles, LLC (Jackson, TN), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits