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Case Name EEOC v. V&J FOODS INC EE-WI-0052
Docket / Court 05-CV-0194 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Recordkeeping
Reporting
Retaliation Prohibition
Training
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) V&J Foods, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of an employee.
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 2008 - 2010
Filed 2005
Case Closing Year 2010
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
2:05-CV-00194 (E.D. Wis.)
EE-WI-0052-9001.pdf | Detail
Date: 06/10/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-WI-0052-0001.pdf | Detail
Date: 02/17/2005
Decision and Order on Motion to Compel (2006 WL 2947474 / 2006 U.S.Dist.LEXIS 75406) (E.D. Wis.)
EE-WI-0052-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/16/2006
Source: Westlaw
Decision and Order (Dismissing Case) (2006 WL 3203713 / 2006 U.S.Dist.LEXIS 81204) (E.D. Wis.)
EE-WI-0052-0002.pdf | WESTLAW| LEXIS | Detail
Date: 11/03/2006
Source: Westlaw
Opinion (507 F.3d 575)
EE-WI-0052-0005.pdf | WESTLAW| LEXIS | Detail
Date: 11/07/2007
Source: Google Scholar
Consent Decree and Order [ECF# 94] (E.D. Wis.)
EE-WI-0052-0004.pdf | Detail
Date: 06/10/2008
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Flaum, Joel Martin (N.D. Ill., Seventh Circuit) show/hide docs
EE-WI-0052-0005
Posner, Richard Allen (Seventh Circuit) show/hide docs
EE-WI-0052-0005
Randa, Rudolph Thomas (E.D. Wis.) show/hide docs
EE-WI-0052-0002 | EE-WI-0052-0003 | EE-WI-0052-0004 | EE-WI-0052-9001
Williams, Ann Claire (N.D. Ill., Seventh Circuit) show/hide docs
EE-WI-0052-0005
Plaintiff's Lawyers Fox, Rosemary J. (Wisconsin) show/hide docs
EE-WI-0052-9001
Kamp, Jean P. (Illinois) show/hide docs
EE-WI-0052-0001 | EE-WI-0052-9001
Tyndall, Brian C. (Wisconsin) show/hide docs
EE-WI-0052-0001 | EE-WI-0052-9001
Defendant's Lawyers Pleas, Coral D. (Wisconsin) show/hide docs
EE-WI-0052-9001
Ploor, Pamela M. (Wisconsin) show/hide docs
EE-WI-0052-9001
Townsel, Andre E. (Illinois) show/hide docs
EE-WI-0052-9001
Williams-Killackey, Judith A. (Wisconsin) show/hide docs
EE-WI-0052-9001

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