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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Outback Steakhouse of Florida, Inc. EE-CO-0041
Docket / Court 1:06-cv-01935-EWN-BNB ( D. Colo. )
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 EEOC filed this lawsuit against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., and OS Restaurant Services, Inc. (the latter two doing business as Outback Steakhouse) in the U.S. District Court for the District of Colorado ... read more >
In September 2006, the Denver District Office of the EEOC filed this lawsuit against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., and OS Restaurant Services, Inc. (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, female, in violation of Title VII of the Civil Rights Act of 1964. The complaining parties intervened in the lawsuit in November 2006, November 2007, and September 2007.

Following discovery, successful motions to dismiss by the defendant in August and November 2007, and the filing of one of the complaining parties for Chapter 7 Bankruptcy, the parties were introducing evidence regarding the defendants' motions for summary judgment and motions to compel discovery as recently as April 21, 2008.

On December 29, 2009, Judge Christine M. Arguello (Dist. of Colorado) 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 in effect for four years.

David Friedman - 05/29/2008

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Issues and Causes of Action
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Affected Gender
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Sex discrimination
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 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
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2013
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
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
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 ]

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
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.)
Boland, Boyd N. (D. Colo.) [Magistrate]
Mix, Kristen L. (D. Colo.) [Magistrate]
Nottingham, Edward Willis Jr. (D. Colo.)
EE-CO-0041-0007 | EE-CO-0041-9000
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)
Struble, Stephanie (Colorado)
EE-CO-0041-0002 | EE-CO-0041-0003 | EE-CO-0041-0008 | EE-CO-0041-0009 | EE-CO-0041-9000 | 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)
Lee, Lawrence L. (Colorado)
Maatman, Gerald L Jr. (Illinois)
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)
Oberti, Mark Joseph (Texas)
Ross, David Bennet (New York)
Trim, Roger Glenn (Colorado)

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