Case: EEOC v. FIRST WATCH RESTAURANT

3:06-cv-06143 | U.S. District Court for the Northern District of California

Filed Date: Sept. 29, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2006, the EEOC district office in San Francisco, California brought this suit against First Watch Restaurant, Inc., a national restaurant franchise, in the U.S. District Court for the Northern District of California. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it discriminated against female employees by maintaining a sexually hostile work environment where they were subjected to verbal and physical acts of sexual harassment. T…

In September 2006, the EEOC district office in San Francisco, California brought this suit against First Watch Restaurant, Inc., a national restaurant franchise, in the U.S. District Court for the Northern District of California. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it discriminated against female employees by maintaining a sexually hostile work environment where they were subjected to verbal and physical acts of sexual harassment. Two months after the initial complaint was filed, the parties consented to proceed before a magistrate judge and settled the case. A consent decree was entered in November 2006.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating based on sex, pay the aggrieved women $230,000, distribute its anti-harassment policy, post an EEO notice, implement complaint procedures, provide all new managers and staff with EEO training, inform all its managers and supervisors of their duty to enforce policy, expunge complainants' employee records, and issue neutral references. No costs or fees were awarded. The terms of the decree were for two years, and ended on November 20, 2008. In December 2008, the parties stipulated that the defendant complied fully with the consent decree, and stipulated to dismissal of the case.

Summary Authors

Jason Chester (8/1/2007)

Rachel Barr (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5774065/parties/equal-employment-opportunity-commission-v-first-watch-restaurants-inc/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Mitchell, Marcia L (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Attorney for Defendant

King, David M. (California)

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Documents in the Clearinghouse

Document

3:06-cv-06143

Docket [PACER]

EEOC v. First Watch Restaurants Inc

Dec. 5, 2008

Dec. 5, 2008

Docket
1

3:06-cv-06143

Complaint

EEOC v. First Watch Restaurants, Inc.

Sept. 29, 2006

Sept. 29, 2006

Complaint
5

3:06-cv-06143

Consent Decree

EEOC v. First Watch Restaurants

Nov. 14, 2006

Nov. 14, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5774065/equal-employment-opportunity-commission-v-first-watch-restaurants-inc/

Last updated April 11, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; summons issued against First Watch Restaurants Inc. Filed by Equal Employment Opportunity Commission. (slh, COURT STAFF) (Filed on 9/29/2006) Additional attachment(s) added on 10/4/2006 (slh, COURT STAFF). (Entered: 10/03/2006)

Sept. 29, 2006

Sept. 29, 2006

2

ADR SCHEDULING ORDER: Case Management Statement due by 12/27/2006. Case Management Conference set for 1/3/2007 01:30 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/03/2006)

Sept. 29, 2006

Sept. 29, 2006

CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/03/2006)

Sept. 29, 2006

Sept. 29, 2006

3

CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Mitchell, Marcia) (Filed on 11/13/2006) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

4

CONSENT to Proceed Before a US Magistrate Judge by First Watch Restaurants Inc.. (King, David) (Filed on 11/14/2006) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

5

SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Mitchell, Marcia) (Filed on 11/14/2006) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

6

ORDER re 5 Settlement Agreement filed by Equal Employment Opportunity Commission,. Signed by Judge Edward M. Chen on 11/20/06. (bpf, COURT STAFF) (Filed on 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

RECAP
7

STIPULATION AND ORDER RE DISMISSAL; EXPIRATION OF CONSENT DECREE by First Watch Restaurants Inc. (King, David) (Filed on 12/2/2008) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

8

STIPULATION AND ORDER re 7 Stipulation filed by First Watch Restaurants Inc. Signed by Judge Edward M. Chen on 12/5/08. (bpf, COURT STAFF) (Filed on 12/5/2008)

Dec. 5, 2008

Dec. 5, 2008

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

First Watch Restaurants, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 230000

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits