The New York office of the EEOC brought this suit against McCormick & Schmick's Restaurant Corp. in the U.S. District Court for the Southern District of New York in September 2006. While we do not have a copy of the complaint, it ostensibly alleged that the defendant discriminated against ...
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The New York office of the EEOC brought this suit against McCormick & Schmick's Restaurant Corp. in the U.S. District Court for the Southern District of New York in September 2006. While we do not have a copy of the complaint, it ostensibly alleged that the defendant discriminated against employees based on their race, African American, in violation of Title VII of the Civil Rights Act of 1964. After some discovery and a discovery dispute, the judge denied the parties' request for a settlement conference. Subsequently, however, the parties settled the case in March 2008 by entry of a consent decree.
The decree included non-discrimination and non-retaliation clauses, required the development of an anti-discrimination policy, and required the posting and distribution of the anti-discrimination policy. The decree also required McCormick & Schmick's Restaurant Corp. to provide no fewer than two hours of training in Federal laws prohibiting discrimination in employment for all employees at its New York City restaurant. The consent decree also recognized that the defendant had clarified and expanded its website and toll-free telephone number to make clear that they are available for reporting incidents of employment discrimination, harassment, or retaliation. The EEOC maintained the ability to monitor and review compliance with the consent decree. Furthermore, the decree required the defendant to provide a report to the EEOC thirty days before the expiration of the decree regarding any complaints by employees in the New York City restaurant about discrimination on the basis of race. The defendant was also required to appoint an Equal Employment Office Coordinator to investigate discrimination complaints. The injunctive parts of the decree had a term ending on September 30, 2009. If the EEOC found non-compliance, the decree called for court enforcement. In addition, McCormick & Schmick's Restaurant Corp. agreed to pay the three complainants $20,000, $6,000 and $4,000 respectively.Justin Kanter - 05/28/2008