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Case Name EEOC v. Burrito Shoppe LLC, dba Squeezers Giant Burgers EE-ID-0027
Docket / Court 1:05-cv-00329-LMB ( D. Idaho )
State/Territory Idaho
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2005, the Seattle Field Office of the EEOC brought this suit against The Burrito Shoppe LLC and Allied Foodservice, Inc. (both doing business as Squeezers Giant Burgers) in the U.S. District Court for the Southern District of Idaho. The complaint alleged sex discrimination in violation of ... read more >
In August 2005, the Seattle Field Office of the EEOC brought this suit against The Burrito Shoppe LLC and Allied Foodservice, Inc. (both doing business as Squeezers Giant Burgers) in the U.S. District Court for the Southern District of Idaho. The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The complainant was alleged to have been sexually harassed and constructively discharged because she was female. The Idaho Human Rights Commission intervened in the suit on behalf of the complainant. The employer made motions for judgment on the pleadings, to dismiss for failure to state a claim, and for summary judgment. The court denied all of these motions.

After a series of motions to postpone the trial, the parties reached settlement. In August 2008, Judge Larry Boyle signed a consent decree. Squeezers agreed to pay the complainant $40,000 ($10,000 the following month, then $1250 per month for the next 23 months), to adopt and post a written equal opportunity policy, and to retain an independent consultant to review and audit the workplace. It agreed to expunge from its records material related to this claim, and committed to annual reporting. The decree was to be in effect for four years.

On October 15, 2008, the Idaho Human Rights Commission submitted an application for a writ of execution because the defendants failed to make payments required by the consent decree. The defendants moved to stay the writ of execution, but Judge Boyle denied their motion and issued the writ on November 25, 2008.

In January 2009, the Idaho Human Rights Commission served interrogatories and requests for production of documents, with which the defendants failed to comply. The Commission filed a motion to compel these responses on March 3, 2009, which Judge Boyle granted on April 27, 2009. Judge Boyle required the defendants to submit the responses by May 19 or appear in court the next day. The parties appeared in court, and in early June filed a stipulated May 2009 Consent Order in an effort to resolve the disputes. The order provided for an initial payment of $5,000, then subsequent monthly payments of $1,500 until the balance was paid. The defendants’ president agreed to sell his 1978 Corvette in order to obtain funds for the necessary payments. The defendants also agreed to pay reasonable costs and attorneys’ fees related to enforcing the consent order. Judge Boyle approved the order on July 15, 2009.

On March 15, 2012, Judge Boyle granted another writ of execution for the defendants’ nonexempt property in order to satisfy the outstanding debt of $12,899.90. No additional information has been entered on the docket since the March 2012 writ of execution.

Kevin Wilemon - 05/27/2008
Alexandra Gilewicz - 03/25/2018

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Issues and Causes of Action
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Affected Gender
Content of Injunction
Develop anti-discrimination policy
Expungement of Employment Record
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Sex discrimination
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Allied Foodservice, Inc.
The Burrito Shoppe LLC
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
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Order Duration 2008 - 2012
Case Ongoing Perhaps, but long-dormant
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

1:05-cv-00329-LMB (D. Idaho)
EE-ID-0027-9000.pdf | Detail
Date: 03/15/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
EE-ID-0027-0001.pdf | Detail
Date: 08/19/2005
Complaint of Plaintiff by Intervention [ECF# 29]
EE-ID-0027-0002.pdf | Detail
Date: 08/24/2005
Source: PACER [Public Access to Court Electronic Records]
Order (D. Idaho)
EE-ID-0027-0003.pdf | Detail
Date: 08/08/2006
Amended Complaint of Plaintiff by Intervention
EE-ID-0027-0004.pdf | Detail
Date: 09/11/2006
Amended Complaint
EE-ID-0027-0005.pdf | Detail
Date: 09/12/2006
Order (D. Idaho)
EE-ID-0027-0006.pdf | Detail
Date: 05/17/2007
Protective Order (D. Idaho)
EE-ID-0027-0007.pdf | Detail
Date: 05/22/2007
Judges Boyle, Larry M. (D. Idaho)
Plaintiff's Lawyers Adelson, Robert Michael (Idaho)
Bowen, Jo-Ann Leigh (Idaho)
Flores, Carmen (Washington)
Olsen, Steven Lamar (Idaho)
Olson, Kathryn Blaire (Washington)
Stanley, John F. (Washington)
Defendant's Lawyers Bengoechea, Shane O (Idaho)
Clark, D Blair (Idaho)

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