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Case Name
EEOC v. Sonic Drive Inn
EE-LA-0080
Docket / Court
3:01-cv-00819-CN ( M.D. La. )
State/Territory
Louisiana
Case Type(s)
Equal Employment
Special Collection
EEOC Study -- in sample
Attorney Organization
EEOC
Case Summary
In September 2001, the New Orleans District Office of the EEOC brought this lawsuit against Sonic Drive Inn and 17 related defendants in the U.S. District Court for the Middle District of Louisiana alleging discrimination on the basis of sex and race in violation of Title VII of the Civil Rights ...
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In September 2001, the New Orleans District Office of the EEOC brought this lawsuit against Sonic Drive Inn and 17 related defendants in the U.S. District Court for the Middle District of Louisiana alleging discrimination on the basis of sex and race in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges that the defendant subjected the complaining parties, eleven individuals, to either a sexually hostile work environment based upon their gender, female, leading to demotion, constructive, or actual discharge, or failed to employ male complainants based upon their race, black. The charging parties intervened in the lawsuit in January 2002. Following a string of dismissals of individual defendants through various motions, the complainants dismissed their lawsuit in May 2003 and the EEOC settled their lawsuit in August 2003 through a consent decree.
We do not have a copy of the complainants' agreement with the defendants; therefore, the exact remedies they received are unknown. The EEOC created a two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post and distribute notice of employee rights, provide EEO training to all employees, implement a dispute resolution process, report on complaints and compliance with certain terms of the consent decree and maintain all personnel records for one year.
David Friedman - 10/23/2007
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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action
State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Case Details
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Defendant(s)
Ann Crosby Kergan (individual)
Charles Tomajko (individual)
Daniel Naquin (individual)
Hartford Insurance Company
Hartford Insurance Company
Kergan Bros. Inc.
O.O.C., L.L.C.
Real Estate Partners of Airline, LLC
Real Estate Partners of Hooper Road, LLC
Real Estate Partners of O'Neil Lane, LLC
Real Estate Partners of Perkins Road LLC
S.D.I of B.R. O'Neil Lane, LLC
S.D.I. of B.R. Airline, LLC
S.D.I. of B.R. Perkins Road, LLC
SDI of B.R. - Hooper Road, LLC
Sonic Industries, Inc.
Theodore W. Kergan (individual)
Wausau Business Insurance Co.
Wausau Business Insurance Co.
Wesley Bridges (individual)
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
Filed Pro Se
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
2003 - 2005
Filed
09/28/2001
Case Closing Year
2005
Case Ongoing
No
Documents
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Court
Docket(s)
M.D. La.
06/14/2005
3:01-cv-00819-CN
EE-LA-0080-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
M.D. La.
09/28/2001
Complaint [ECF# 1]
EE-LA-0080-0001.pdf
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Detail
M.D. La.
01/18/2002
Complaint [Intervenor] [ECF# 11]
EE-LA-0080-0002.pdf
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Detail
M.D. La.
02/28/2002
Supplemental and Amending Complaint of Intervenors [ECF# 22]
EE-LA-0080-0003.pdf
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Detail
M.D. La.
08/16/2002
Second Supplemental and Amending Complaint of Intervenors [ECF# 71]
EE-LA-0080-0004.pdf
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Detail
M.D. La.
08/18/2003
Consent Decree [ECF# 113]
EE-LA-0080-0005.pdf
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Detail
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