United States District Court, S.D. Illinois
PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L.
LEE Acting General Counsel GWENDOLYN YOUNG REAMS Associate
G. BARAN, MO Bar No. 46520 Regional Attorney
FELIX MILLER, MO Bar No. 28309 Supervisory Trial Attorney
JENNIFER L. ARENDES, MO Bar No. 46638 Senior Trial Attorney
EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office
PLAINTIFF-INTERVENORS D. ERIC SOWERS FERNE P. WOLF SOWERS
& WOLF, LLC EDWARD W. UNSELL JOSHUA R. EVANS THE UNSELL
LAW FIRM, P.C.
DEFENDANTS 2098 RESTAURANT GROUP AND 2013 RESTAURANT GROUP
Khalid Ramadan, Managing Member PHILIP C. GRAHAM BENJAMIN R.
WESSELSCHMIDT SANDBERG PHOENIX & VON GONTARD P.C.
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.
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.
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
IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
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
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.
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.
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
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.
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.
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.
Within ten (10) business days of issuing the checks,
Defendants will furnish a copy of each check and ...