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 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.

Kevin Wilemon - 05/15/2008


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