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Case Name EEOC v. Outback Steakhouse of Florida EE-CO-0041
Docket / Court 1:06-cv-01935-EWN-BNB ( D. Colo. )
Additional Docket(s) 09−01333  [ 09-1333 ]
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the ... read more >
In September 2006, the Denver District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Outback Steakhouse of Florida, OS Restaurant Partners, and OS Restaurant Services (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado alleging discrimination on the basis of gender in violation of Title VII of the Civil Rights Act of 1964. Individual complaining parties intervened in the lawsuit in November 2006, November 2007, and September 2007.

Specifically, the plaintiffs alleged that the defendants had discriminated against women employees by failing to hire or promote women to management positions and for failing to offer equal conditions of employment, especially as related to training and opportunities for advancement.

The parties engaged in discovery between 2006 and 2008.

On December 29, 2009, Judge Christine M. Arguello approved of a consent decree granting injunctive relief to the plaintiff. In addition to prohibiting retaliatory treatment towards any employees involved in this lawsuit, the Consent Decree also prohibits Outback from "discriminating against any employee or applicant on the basis of gender, in hiring, promotions, pay, terms and conditions of employment including providing women less favorable job assignments, less training opportunities, less opportunity for advancement, or creating or condoning a gender-based hostile work environment." The same "training and conditions of employment" should be available to all employees, and "scheduling and assignment of work shall be made in an equal and nondiscriminatory manner." The consent decree was scheduled to last four years. As there is no additional noteworthy activity reflected in the docket sheet, presumably the case closed in 2013.

David Friedman - 05/29/2008
Sean Mulloy - 10/30/2017
Rachel Barr - 04/01/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) OS Restaurant Partners, Inc.
OS Restaurant Services, Inc.
Outback Steakhouse of Florida, Inc.
Plaintiff Description All female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2013
Filing Year 2006
Case Closing Year 2013
Case Ongoing No
Docket(s)
1:06-cv-01935-EWN-BNB (D. Colo.)
EE-CO-0041-9000.pdf | Detail
Date: 01/11/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-CO-0041-0001.pdf | Detail
Date: 09/28/2006
Complaint in Intervention
EE-CO-0041-0002.pdf | Detail
Date: 12/04/2006
Amended Complaint in Intervention
EE-CO-0041-0003.pdf | Detail
Date: 01/26/2007
EEOC's First Amended Complaint
EE-CO-0041-0004.pdf | Detail
Date: 01/30/2007
Order [Regarding Motion for Protective Order] (D. Colo.)
EE-CO-0041-0005.pdf | Detail
Date: 03/01/2007
Order and Memorandum of Decision granting Defendant Motion to Dismiss (D. Colo.)
EE-CO-0041-0007.pdf | Detail
Date: 08/27/2007
Second Amended Complaint in Intervention and Jury Demand
EE-CO-0041-0008.pdf | Detail
Date: 09/10/2007
Complaint in Intervention and Jury Demand
EE-CO-0041-0009.pdf | Detail
Date: 11/02/2007
Consent Decree (2009 WL 5177751)
EE-CO-0041-0010.pdf | WESTLAW | Detail
Date: 12/29/2009
Source: BNA (Bureau of National Affairs)
Judges Arguello, Christine M. (D. Colo.)
EE-CO-0041-0010 | EE-CO-0041-9000
Boland, Boyd N. (D. Colo.) [Magistrate]
EE-CO-0041-0005
Mix, Kristen L. (D. Colo.) [Magistrate]
EE-CO-0041-9000
Nottingham, Edward Willis Jr. (D. Colo.)
EE-CO-0041-0007
Plaintiff's Lawyers Feiger, Lynn D. (Colorado)
EE-CO-0041-0002 | EE-CO-0041-0003 | EE-CO-0041-0008 | EE-CO-0041-0009 | EE-CO-0041-0010 | EE-CO-0041-9000
Fuller, Ann Louise (Colorado)
EE-CO-0041-0001 | EE-CO-0041-9000
Kittle, Rita Byrnes (Colorado)
EE-CO-0041-0001 | EE-CO-0041-0004 | EE-CO-0041-0010 | EE-CO-0041-9000
O'Neill, Mary Jo (Arizona)
EE-CO-0041-0001 | EE-CO-0041-0010
Randall, Jennifer Ann (Colorado)
EE-CO-0041-9000
Struble, Stephanie (Colorado)
EE-CO-0041-0002 | EE-CO-0041-0003 | EE-CO-0041-0008 | EE-CO-0041-0009 | EE-CO-0041-9000
Weeks, Nancy A. (Colorado)
EE-CO-0041-0001 | EE-CO-0041-0004 | EE-CO-0041-9000
Defendant's Lawyers Collins, John L. (Texas)
EE-CO-0041-9000
Lee, Lawrence L. (Colorado)
EE-CO-0041-9000
Maatman, Gerald L Jr. (Illinois)
EE-CO-0041-9000
Mandelson, Richard Saul (Colorado)
EE-CO-0041-0010 | EE-CO-0041-9000
Moore, Steven Woodrow (Colorado)
EE-CO-0041-0010 | EE-CO-0041-9000
Mueller, Stacy Dian (Colorado)
EE-CO-0041-9000
Oberti, Mark Joseph (Texas)
EE-CO-0041-9000
Ross, David Bennet (New York)
EE-CO-0041-9000
Trim, Roger Glenn (Colorado)
EE-CO-0041-9000
Other Lawyers Riches, Jonathan Lee (Kentucky)
EE-CO-0041-9000

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