In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor of the defendant restaurant had been subjecting male servers to sexual harassment and a hostile work environment. One complainant intervened in the suit successfully in May 2000. The defendant moved for summary judgment in August 2000, but through a Report and Recommendation of the Magistrate Judge, the motion was denied. The defendant objected to that decision and, in March 2001, the District Judge overruled the objection. The parties then were able to come to an agreement that was approved by the court in the form of a consent decree in March 2001. That decree awarded $45,000 in damages and attorney's fees to three complainants. It also enjoined the defendant from discriminating or retaliating in the future in violation of Title VII. Further, it required the defendant to amend its current anti-discrimination policy and institute training programs for its employees on the topic of Title VII's requirements and sexual harassment.

Justin Kanter - 08/14/2007


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