University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CACTUS-LANCASTER, LLC EE-PA-0034
Docket / Court 04-4584 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004 the Philadelphia District Office of the EEOC brought this lawsuit against restaurant service provider Cactus-Lancaster, LLC and Mr. Brett R. Austin, doing business as Cactus Willie's Steak Buffet, in the U.S. District Court for the Eastern District of Pennsylvania alleging ... read more >
In September 2004 the Philadelphia District Office of the EEOC brought this lawsuit against restaurant service provider Cactus-Lancaster, LLC and Mr. Brett R. Austin, doing business as Cactus Willie's Steak Buffet, in the U.S. District Court for the Eastern District of Pennsylvania 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 defendant subjected the two charging parties, female employees, and a class of similarly situated persons to a sexually hostile work environment and retaliation for opposition of this activity. After one scheduling conference and a settlement conference before the District Judge, the parties settled the dispute in September 2005 through a consent decree.

The consent decree required the defendant to: refrain from participating in discrimination or retaliation, to develop an anti-discrimination policy, to distribute this policy to empoyees, to provide anti-discrimination training, and to provide a Toll-Free number for employees to lodge complaints. Additionally, the defendant was required to pay $100,000, to be distributed among 6 claimants. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Keri Livingston - 10/01/2007
- 06/11/2017


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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
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Brett R. Austin (individual)
Cactus-Lancaster, 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 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 2005 - 2008
Case Closing Year 2008
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
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:04-cv-04584-JS (E.D. Pa.)
EE-PA-0034-9000.pdf | Detail
Date: 09/13/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint
EE-PA-0034-0001.pdf | Detail
Date: 11/16/2004
Order [Dismissing Action] (E.D. Pa.)
EE-PA-0034-0002.pdf | Detail
Date: 06/27/2005
Consent Decree
EE-PA-0034-0003.pdf | Detail
Date: 09/13/2005
Source: District Court

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