Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Equal Employment Opportunity Commission v. 2103 Restaurant Group, LLC

United States District Court, S.D. Illinois

July 19, 2018

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
2103 RESTAURANT GROUP, LLC, 2098 RESTAURANT GROUP, LLC, KHALID RAMADAN, RAMI RAMADAN, BAS SAM RAMADAN, ERNESTO XIVIR, HUMBERTO CUDENA, JUDY LEPPING NADER AWWAD, INTERNATIONAL HOUSE OF PANCAKES, LLC. Defendants, and VICKIE CLARK, LAUREN HURST, TIA JENKINS, MADISON MILLER, MEGAN O'BRIEN, ASHLEY QUIGLEY, LINDSEY QUIGLEY, TRACY QUIGLEY, CHARLES SCHLOTTNER, ROGERT STRASEN, DONNA WARNECKE, AND BRIANNE TIMMONS, Intervenor-Plaintiffs

          FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Acting General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

          ANDREA G. BARAN, MO Bar No. 46520 Regional Attorney

          C. FELIX MILLER, MO Bar No. 28309 Supervisory Trial Attorney

          JENNIFER L. ARENDES, MO Bar No. 46638 Senior Trial Attorney

          EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office

          FOR PLAINTIFF-INTERVENORS D. ERIC SOWERS FERNE P. WOLF SOWERS & WOLF, LLC EDWARD W. UNSELL JOSHUA R. EVANS THE UNSELL LAW FIRM, P.C.

          FOR DEFENDANTS 2098 RESTAURANT GROUP AND 2013 RESTAURANT GROUP Khalid Ramadan, Managing Member PHILIP C. GRAHAM BENJAMIN R. WESSELSCHMIDT SANDBERG PHOENIX & VON GONTARD P.C.

          CONSENT DECREE

          Herndon Judge.

         1. On September 20, 2017, Plaintiff Equal Employment Opportunity Commission ("EEOC") instituted this action alleging that 2098 Restaurant Group, LLC and 2103 Restaurant Group, LLC ("Defendants") subjected Brianne Timmons, Tracy Quigley, Ashley Quigley, Lindsey Quigley, Donna Warnecke, Megan O'Brien, Vickie Clark, Lauren Hurst, Tia Jenkins, Nicki Strasen, Madison Miller, Charles Schlottner (collectively "the Intervenors") and other female employees to unlawful sexual harassment while they were employed by Defendants and constructively discharged Ms. Timmons and Ms. O'Brien in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII"). The Intervenors have intervened in this lawsuit alleging, among other things, that Defendants subjected them to unlawful harassment based on sex in violation of Title VII and the Illinois Human Rights Act and violated the Illinois Gender Violence Act.

         2. The EEOC, Intervenors, and Defendants, having negotiated in good faith and with a desire to resolve the instant controversy without the further expense, delay, and burden of litigation, have jointly proposed this Consent Decree to resolve all claims in this case.

         3. Accordingly, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII will be carried out by the implementation of this Decree, and (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit or directly related to this lawsuit among the parties.

         THEREFORE IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

         I. EQUITABLE RELIEF

         4. In all matters arising from or relating to employment, Defendants shall not engage in any employment practice which unlawfully discriminates against or harasses any employee or applicant on the basis of sex in violation of Title VII, nor shall Defendants retaliate against anyone who opposes discrimination or participates in the equal employment opportunity process.

         5. Defendants and their officers, management (including supervisory employees), successors and assigns and all those retained to perform tasks required by this Consent Decree are enjoined from: (i) discriminating against or harassing employees based on sex in any aspect of employment; (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to have the effect of harassing or intimidating any employee on the basis of gender; and (iii) creating, facilitating or permitting the existence of a work environment that is hostile to any employee based on gender, including offensive comments and/or conduct of a sexual nature.

         Defendants shall promptly investigate and take remedial action in response to employee complaints of discrimination and/or harassment. Such remedial action shall in respect to the harasser include: (i) discipline, including demotion and discharge, (2) reassignment, and (3) training and counseling. Defendants and its managers and supervisory employees shall not indicate in any manner that any employee must tolerate or endure unwelcome sexual comments or conduct or that acquiescence to such comments and conduct is in an employee's interest. Defendants and its managers and supervisory employees shall immediately assure any employee who reports sexual harassment, that the report shall be immediately and thoroughly investigated, that the employee will be informed of the results of the investigation, and that the employee will not experience any negative action for having reported the sexual harassment.

         6. Defendants and their officers, management (including supervisory employees), successors and all of those retained to perform tasks required by this Consent Decree are hereby prohibited from engaging in, implementing or permitting any action, policy or practice with the purpose of retaliating against any current or former employee or applicant because he or she opposed any practice made unlawful under Title VII; filed a charge of discrimination against Defendants; testified or participated in any manner in an investigation (including without limitation an internal investigation by Defendants), proceeding or hearing relating to any claim of sex discrimination, including sexual harassment; or seeks and/or receives any monetary or non-monetary relief under this Decree.

         III. MONETARY RELIEF

         7. The payments set forth in paragraph 9 below shall be made within thirty (30) days of entry of this Consent Decree. If such payments are not made within that time period, a judgment shall be entered against Defendants for all unpaid amounts.

         8. Defendants will not condition the receipt of individual monetary relief to the five aggrieved individuals listed in paragraph 9 upon their agreement to: (a) maintain as confidential the terms of this Decree or the facts of the case; (b) waive his/her statutory right to file a charge for future conduct with any federal or state antidiscrimination agency; (c) refrain from reapplying for employment with Defendants; or (d) sign a non-disparagement agreement.

         9. Within thirty (30) days of entry of this Consent Decree, Defendants shall pay the total gross sum of $875, 000 to the Unsell Law Finn, P.C. This amount shall be distributed to the plaintiff-intervenors as set forth in Exhibit B. Defendants shall also mail via certified mail separate checks in the amount of $5, 000 to the following aggrieved individuals: Kelsea Seets, Sherry Seets, Gariann Hanlon, Gianna Grettler and Alesha Brown. Defendants shall issue a Form 1099 in the amount of each payment.

         10. Within ten (10) business days of issuing the checks, Defendants will furnish a copy of each check and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.