University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BRINKER INTERNATIONAL, INC. d/b/a "CHILI'S BAR & GRILL" EE-WI-0008
Docket / Court 2:05-cv-01063-RTR ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In October 2005 the Milwaukee district office of the EEOC brought this suit against Brinker International Payroll Company d/b/a Chili's Bar & Grill in the U.S. District Court for the Eastern District of Wisconsin. In its complaint the EEOC alleged that Brinker, the owner of several restaurant ... read more >
In October 2005 the Milwaukee district office of the EEOC brought this suit against Brinker International Payroll Company d/b/a Chili's Bar & Grill in the U.S. District Court for the Eastern District of Wisconsin. In its complaint the EEOC alleged that Brinker, the owner of several restaurant franchises, discriminated against a Hispanic charging party and Hispanics as a class by denying them server positions in the restaurant. The EEOC argued that Hispanics were routinely assigned to kitchen positions and that the charging party was constructively discharged because the defendant refused to transfer him to a server position.

A trial date was set in the case, and the parties engaged in discovery. In November 2006 the defendant filed a motion for summary judgment. The defendant's motion for summary judgment was granted in March 2007, and the case was dismissed.

Kevin Wilemon - 10/23/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Brinker International Payroll Company
Brinker International, 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 Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Case Closing Year 2007
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
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  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
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:05-cv-01063-RTR (E.D. Wis.)
EE-WI-0008-9000.pdf | Detail
Date: 05/02/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-WI-0008-0001.pdf | Detail
Date: 10/06/2005
Decision and Order [Re: Defendant's Motion to Compel] (E.D. Wis.)
EE-WI-0008-0002.pdf | Detail
Date: 07/14/2006
Decision and Order [Granting Plaintiff's Motion to Compel] (2006 WL 2038042 / 2006 U.S.Dist.LEXIS 52651) (E.D. Wis.)
EE-WI-0008-0005.pdf | WESTLAW| LEXIS | Detail
Date: 07/18/2006
Decision and Order [Extending Disc. Deadline] (E.D. Wis.)
EE-WI-0008-0003.pdf | Detail
Date: 09/21/2006
Decision and Order [Granting Defendant's Motion for Summary Judgment] (2007 WL 775584 / 2007 U.S.Dist.LEXIS 17305) (E.D. Wis.)
EE-WI-0008-0006.pdf | WESTLAW| LEXIS | Detail
Date: 03/09/2007

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