University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MAMASITA'S RESTAURANT EE-NC-0065
Docket / Court 2:06-cv-00033-D ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North ... read more >
In September 2006 the Norfolk and Charlotte Offices of the EEOC filed this lawsuit against Mexican Express Amigos, Inc., doing business as Mamasita's Restaurant, and Mexican Express Carolina, Inc., doing business as Mamasita's Restaurant, in the U.S. District Court for the Eastern District of North Carolina, alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants were subjected to a sexually hostile work environment, leading to their constructive discharge and, in one case, retaliatory action against the complainants. Following some discovery, the parties settled the lawsuit through a consent decree.

The five-year decree, containing anti-discrimination and retaliation clauses, required the defendants to: report on complaints, make compliance reports, allow the EEOC access for monitoring, provide references to the complaining parties, develop an anti-discrimination policy, post and distribute notice of EEO rights, provide EEO training, and pay $25,000 to be distributed among three complaining parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2013.

David Friedman - 05/06/2008
- 06/10/2017


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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
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Mexican Express Amigos, Inc.
Mexican Express Carolina, 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
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 - 2013
Case Closing Year 2013
Case Ongoing No
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
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-00033-D (E.D.N.C.)
EE-NC-0065-9000.pdf | Detail
Date: 01/08/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NC-0065-0001.pdf | Detail
Date: 09/27/2006
Consent Decree
EE-NC-0065-0002.pdf | Detail
Date: 01/08/2008

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