On February 17, 2005, the Milwaukee District Office of the Equal Employment Opportunity Commission (EEOC) filed this suit in the United States District Court for the Eastern District of Wisconsin. The EEOC sued V&J Foods, Inc. under Title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq). It alleged that a manager at one of V&J’s stores sexually harassed a minor employee and created a hostile work environment in violation of Title VII.

Specifically, the complaint alleged that defendant V&J, which operates fast food franchises, engaged in unlawful employment practices at one of its Burger King franchises in Milwaukee. The EEOC alleged that one of the defendant’s managers sexually harassed a minor employee and created a hostile work environment in that store. The plaintiffs further alleged that the defendant knew or should have known of the situation and failed to correct it. The case was assigned to Judge Rudolph T. Randa.

Judge Randa referred the parties to mediation under the supervision of Magistrate Judge William E. Callahan, Jr. on July 1, 2005. The mediation, which was conducted on August 15, 2005, did not result in a settlement, so the action was referred back to Judge Randa. The parties then commenced discovery proceedings.

On June 30, 2006, the defendants filed a motion for summary judgment, which they amended on July 14. Judge Randa granted the defendants’ motion for summary judgment on November 3, 2006, finding that the employee failed to fulfill her duty to avoid harm by notifying the defendant of her manager’s conduct and that, therefore, the defendant could not be held accountable under Title VII. 2006 WL 3203713.

The EEOC appealed the decision to the Seventh Circuit. Judge Posner reversed the district court’s decision and remanded the case on November 7, 2007. Judge Posner found that V&J must create reporting procedures accessible to teenagers to satisfy Title VII’s requirements because it employed many teenagers. Judge Posner also found that Title VII protected the teenage employee from being fired for complaints her mother made to V&J about harassment of the employee. 507 F.3d 575.

On remand, the parties proceeded to mediation. On May 12, 2008, the parties reached a settlement. Under the settlement, the defendant was forbidden from engaging in employment practices which condoned or allowed sexual harassment and was also forbidden from retaliating against anyone bringing Title VII claims. The defendant also agreed to create and issue a policy statement creating a procedure for addressing sexual harassment, and to provide training for its employees and managers at its franchise operations. The defendant was also required to report back to the EEOC every six months for two years with information about all complaints regarding sexual harassment or discrimination. Finally, the defendant was ordered to pay $42,500 (less deductions) to the employee who had been harassed.

Judge Randa approved the settlement on June 10, 2008. The two-year period passed without any additional entries on the docket. The case is now closed.

Kevin Wilemon - 06/02/2007
Elizabeth Helpling - 11/19/2019


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