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Case Name
EEOC v. FLEMING INC (d/b/a J EDWARD'S)
EE-SC-0017
Docket / Court
4:99-cv-02157-PMD ( D.S.C. )
State/Territory
South Carolina
Case Type(s)
Equal Employment
Special Collection
EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization
EEOC
Case Summary
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 ...
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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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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action
Title VII (including PDA), 42 U.S.C. ยง 2000e
Case Details
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Defendant(s)
Fleming, Inc.
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
Filed Pro Se
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
2001 - 2003
Filed
06/30/1999
Case Closing Year
2001
Case Ongoing
No
Documents
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Court
Docket(s)
D.S.C.
03/29/2001
4:99-cv-02157-PMD
EE-SC-0017-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.S.C.
12/08/2000
Magistrate Judge's Report and Recommendation [Regarding Defendant's Motion for Summary Judgment]
EE-SC-0017-0001.pdf
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Detail
D.S.C.
03/01/2001
Order [Adopting Magistrate Judge's Report and Recommendation]
EE-SC-0017-0002.pdf
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Detail
D.S.C.
03/29/2001
Consent Decree
EE-SC-0017-0003.pdf
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Detail
People
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