University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HARDEE'S OF SOUTHWEST MISSOURI INC EE-AR-0023
Docket / Court 3:05-cv-03050-JLH ( W.D. Ark. )
State/Territory Arkansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964 ... read more >
The Little Rock office of the EEOC brought this action in the U.S. District Court for the Western District of Arkansas, against Hardee's of Southwest Missouri, Inc. The complaint, filed in August 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that the charging party was terminated from her job because of her pregnancy.

The parties entered into a consent decree in July 2006. The decree, valid for three years, required Defendant to pay the charging party $8,500, provide her with a neutral employment reference and expunge her employment records. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility and report annually to the EEOC about any internal complaints of pregnancy discrimination. Defendant was also required to train its managers regarding Title VII's requirements, especially with regard to sex and pregnancy discrimination. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Shankar Viswanathan - 07/31/2007
- 06/07/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
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) Hardee's of Southwest Missouri, 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 2006 - 2009
Case Closing Year 2009
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)
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)
3:05-cv-03050-JLH (W.D. Ark.)
EE-AR-0023-9000.pdf | Detail
Date: 07/28/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-AR-0023-0001.pdf | Detail
Date: 08/29/2005
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 12-1]
EE-AR-0023-0002.pdf | Detail
Date: 07/28/2006
Judges Jones, Beverly Stites (W.D. Ark.) [Magistrate]
EE-AR-0023-9000

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