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Docket / Court 0:06-cv-00988-PJS-JJG ( D. Minn. )
State/Territory Minnesota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Minneapolis and Milwaukee offices of the EEOC brought this suit against Rainbow Restaurant Properties, Inc., d/b/a Chino Latino in March of 2007 in the U.S. District Court for the District of Minnesota. The complaint alleged that Chino Latino subjected Hispanic and Latino employees to ... read more >
The Minneapolis and Milwaukee offices of the EEOC brought this suit against Rainbow Restaurant Properties, Inc., d/b/a Chino Latino in March of 2007 in the U.S. District Court for the District of Minnesota. The complaint alleged that Chino Latino subjected Hispanic and Latino employees to harassment and different terms and conditions of employment because of their national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant allegedly harassed two employees and terminated their employment in retaliation for their organizing a meeting of the Hispanic employees.

The parties settled the case in April of 2007 by entry of a consent decree. The two-year decree included non-discrimination and non-retaliation clauses, required posting notice of rights, the creation of an employee advisory committee to review and present feedback on marketing and advertising to Chino Latino, and provided for training of managers on the laws against national origin discrimination and retaliation. Chino Latino was also required to create an ombudsperson to monitor the working conditions and establish a hotline with which complaints could be filed. In addition, Chino Latino agreed to pay $275,000 to a fund to be allocated to all former and current employees who submitted a meritorious claim. A fund worth $50,000 was also required to be distributed on a pro rata basis to an identified group of employees who had not submitted timely claim forms. Those employees receiving a pro rata portion of the $50,000 fund would have a check sent to their last known address; in the event that their check was not cashed within 180 days of its being issued, the check would be canceled and the amounts of any such canceled payments would be reallocated to the employees who had submitted timely completed claim forms. Following the entry of the consent decree, the court ordered adding two additional claimants who were inadvertently omitted from the list of impacted Hispanic and Latino employees.

In September 2007 the court ordered that the proposed consent decree was approved and should be implemented. In February 2009, the court approved the distribution of the final settlement funds to a non-profit that provides legal aid to Latino community in Minnesota. As there are no further entries on the docket, presumably this case closed in 2009.

Kevin Wilemon - 05/15/2008
Rachel Barr - 04/01/2018

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Issues and Causes of Action
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Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
National origin discrimination
Direct Suit on Merits
Disparate Treatment
National Origin/Ethnicity
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Rainbow Restaurant Properties
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 2007 - 2009
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Date: Apr. 27, 2016
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  Smith Barney Gender Discrimination
Date: August 2008
By: Outten & Golden
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  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
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 Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

0:06-cv-00988-PJS-JJG (D. Minn.)
EE-MN-0055-9000.pdf | Detail
Date: 05/11/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-MN-0055-0001.pdf | Detail
Date: 03/07/2006
Proposed Consent Decree [ECF# 10]
EE-MN-0055-0002.pdf | Detail
Date: 04/27/2007
Source: PACER [Public Access to Court Electronic Records]
Order for Amendment to Consent Decree (D. Minn.)
EE-MN-0055-0004.pdf | Detail
Date: 08/09/2007
Judges Graham, Jeanne J. (D. Minn.) [Magistrate]
Schiltz, Patrick Joseph (D. Minn.)
Plaintiff's Lawyers Kamp, Jean P. (Illinois)
Vasichek, Laurie A. (Minnesota)
Defendant's Lawyers Langevin, Judith Bevis (Minnesota)
Lehmann, Carl Crosby (Minnesota)
Oden, Reagan Wilkins (Minnesota)

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