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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. BW-WARRENVILLE OPERATIONS, INC.,d/b/a/BuffaloWild Wings Bar & Grill

Case No. Honorable

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COMPLAINT AND JURY DEMAND

Defendant. __________________________________~I

Wendell A. Miles Senior, U.S. District Judge

NATURE OF THE ACTION This is an action brought under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to provide appropriate relief to Ricky Owens ("Owens") and similarly situated employees who were adversely affected by such practices. The Equal Employment Opportunity Commission ("The Commission"), alleges that Buffalo Wild Wings, ("Defendant"), discriminated against Owens when it permitted him to be racially harassed and subjected to a hostile work environment. The Commission further alleges that the Defendant failed to take prompt, effective, remedial action to stop the harassment and correct the hostile work environment.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,
1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections

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706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. 2000e-5(f)(1) and (3).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Michigan.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly
authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e5(f)(1) and (3).
4. At all relevant times, Defendant, has continually been a corporation doing business in the state of Michigan and the city of Muskegon, and has continuously had in excess of fifteen (15) employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than sixty (60) days prior to the institution of this lawsuit, Ricky Owens filed a charge of discrimination with The Commission alleging a violation of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June of 2004, Defendant engaged in unlawful employment practices in violation of Title VII, when it permitted Owens to be racially harassed by a supervisor and subjected to a hostile work environment.
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8. The incidents of racial harassment in Defendant's facility were severe and pervasive.
9. Defendant had notice that Owens was being racially harassed and otherwise subjected to a hostile work environment. The harassment included, but was not limited to, the following incidents: a) A hangman's noose hung in the office area where Owens worked each day; b) A picture of a confederate flag.
10. The effect of the conduct complained of in Paragraph 10, above, was to create a hostile work environment.
11. The effect of the unlawful employment practices complained of in paragraphs 7-10 was to deprive Owens of equal employment opportunities and otherwise adversely affect his status as employees because of his race.
12. As a result of the unlawful employment practices complained of above, Owens has suffered from fear, anxiety, emotional distress and loss of enjoyment of life.
13. The unlawful employment practices complained of above were and are done with malice or reckless indifference to the federally protected rights of Owens and other similarly situated individuals who were racially harassed and subjected to a hostile work environment.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Order Defendant to provide training for all employees about diversity in the 3

workplace and Title VII's prohibitions against racial harassment;

B. Order Defendant to devise an appropriate method of discipline for

employees who violate the prohibitions of Title VII and for supervisors who

fail to remedy racial harassment in a reasonable period of time;

C. Order Defendant to post its new disciplinary rules for violating Title VII in a

conspicuous place;

D. Grant the Commission an injunction enjoining Defendant from participating

in any unlawful employment practices;

E. Order Defendant to make whole Ricky Owens by providing an appropriate

amount of compensatory damages to be determined at trial along with any

other affirmative relief necessary to eradicate the effects of the unlawful

employment practices complained of above;

F. Order Defendant to pay Owens punitive damages for its malicious or

reckless conduct described above in an amount to be proven at trial;

G. Order Defendant to pay similarly situated employees punitive damages for

its malicious or reckless conduct described above in an amount to be proven

at trial;

H. Order Defendant to pay Owens nominal damages resulting from the unlawful

practices complained of above;

I.

Order Defendant to pay Appropriate compensatory damages to any similarly

situated employees in an amount to be proven at trial;

J. Grant such further relief as the Court deems necessary and proper in the

public interest;

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K. Award the Commission its cost of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated: September 29, 20r?

Respectfully submitted,
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
OFFICE OF GENERAL COUNSEL Trial Services Division 1801 "L" Street, N.W. Washington, D.C. 20507
aJ..J<~
ADELE RAPPO (P44833) Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
TAMMY KLEIN (P60256) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: 313/226-5673

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 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BW-WARRENVILLE OPERATIONS, L.L.C., d/b/a Buffalo Wild Wings Bar & Grill,
Defendant. ________________________________/

CASE NO. 1:05cv0678
HONORABLE WENDELL MILES Senior, U.S. District Judge

CONSENT DECREE

1. Plaintiff, the United States Equal Employment Opportunity Commission (the “Commission”) commenced this action on September 30, 2005, in the United States District Court for the Western District of Michigan, alleging that the Defendant, BW-Warrenville Operations, (“Defendant” or “Warrenville”) discriminated against Charging Party, Ricky Owens, (“Charging Party” or “ Owens”). More specifically, the Commission alleged that Owens had been unlawfully harassed because of his race, African-American, in violation of Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”).
2. As a result of settlement discussions, the Commission and Warrenville have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged or which could have been alleged in
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the Complaint against Warrenville or in the Charge of Discrimination filed by Owens, Charge No. 230-2005-00187.
STIPULATED FACTS 3. The Commission is the agency of the United States government authorized by Title VII to investigate allegations of unlawful employment discrimination based upon race, to bring civil actions to prohibit unlawful employment practices, and to seek relief for individuals affected by such practices. 4. Warrenville is an employer engaged in an industry affecting commerce within the meaning of Sections 701(g) and (h) of Title VII, 42 U.S.C. § 2000e (g) and (h). Warrenville had at least 15 employees for 20 or more calendar weeks during the relevant period of time. 5. Pursuant to Title VII the parties acknowledge the jurisdiction of the United States District Court for the Western District of Michigan over the subject matter and parties to this case for the purpose of entering this Decree, and if necessary, enforcing the provisions of this Decree. 6. Venue is appropriate in the Western District of Michigan. For purposes of this Decree and proceedings related to this Decree only, Warrenville agrees that all statutory conditions precedent to the institution of this lawsuit against Warrenville have been fulfilled.
FINDINGS 7. Having examined the terms and provisions of the Consent Decree and based on the pleadings, records, and stipulations of the parties, the Court finds the following: a. The Court has jurisdiction over the subject matter of this action against
Warrenville; b. The terms and provisions of this Consent Decree are fair, reasonable and just. The
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rights of Warrenville, the Commission, and those for whom the Commission seeks relief are adequately protected by this Decree; c. The Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII, and is not in derogation of the rights and privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties and those for whom the Commission seeks relief.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-ADMISSION
8. This Decree, being entered with the consent of the Commission and Warrenville, shall not constitute an adjudication or finding on the merits of this case and shall not be construed as an admission by Warrenville of any violation of Title VII or, any other law, rule or regulation dealing with or in connection with equal employment opportunity. Warrenville expressly denies any and all liability for any claims alleged in the lawsuit filed by the Commission and in the underlying Charge No. 230-2005-00187.
NON-DISCRIMINATION 9. Warrenville, its officers, agents, employees, successors, assigns and all persons in active concert or participation with them shall comply with the provisions of Title VII.
NON-RETALIATION 10. Warrenville shall not take any action against any person which constitutes intimidation, retaliation, harassment, or interference with the exercise of such person’s rights under Title VII because of the filing of the Charge of Discrimination by Ricky Owens, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any
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manner in any investigation or proceeding in connection with this case. MONETARY COMPENSATION
11. Warrenville shall, within ten (10) days of entry of this Consent Decree, and the signing of a private full and final release of all claims by Ricky Owens, pay Ricky Owens monetary compensation in the amount of Thirty Thousand Dollars ($30,000.00) for noncompensatory damages as alleged in the Complaint. Warrenville shall issue a form 1099 for the paid amount in the ordinary course of business. This monetary compensation shall be paid in a check made payable to Ricky Owens, 4319 Greenbrier Lane, Richton Park, Illinois, 60471. Warrenville shall mail the payment to Owens by express mail within ten (10) days after this Consent Decree has been entered by the Court, and the private full and final release of all claims has been signed by Owens. Warrenville shall mail a copy of the check and the certified mail receipt to Adele Rapport, Regional Attorney, 477 Michigan Avenue, Suite 865, Detroit, Michigan 48226. The Commission shall have the right to monitor compliance with this paragraph through inspection of all documents relating to said disbursement, including but not limited to, a copy of the check, check stub, return receipt, letters, and any other documents evincing payment hereunder.
TRAINING AND/OR EDUCATIONAL PROGRAMS 12. Warrenville agrees that it will provide a mandatory Title VII training program to all management, supervisory and human resources personnel who directly operate its Western Michigan facilities. The training shall provide a discussion of Title VII and its prohibitions against race harassment. A list of attendees and topics covered shall be sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, at the above-mentioned
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address within fifteen (15) days of the training. Warrenville shall summit copies of its

current/planned harassment training program to the Commission within 30 days of the entry of

this Decree. If the Commission agrees that Warrenville’s current/planned training program is

sufficient, such program shall satisfy the training requirement set forth above. The harassment

training material should be sent to Adele Rapport, Regional Attorney, at the above-mentioned

address. If the Commission finds that Warrenville’s current training program is not sufficient, it

agrees to modify its current harassment training per suggestion of the Commission, subject to

reasonable expense.

POSTING OF NOTICE

13. Warrenville agrees that it shall post a copy of the Notice attached as Exhibit A in

a conspicuous location at all of its Western Michigan facilities where employee notices are

posted. The notice shall be posted for six (6) months from the date the Consent Decree is entered

by the Court. Should the posted notice become defaced, marred or otherwise made unreadable,

Warrenville agrees to post a readable copy of the notice as soon as practical thereafter.

DURATION

14.

This Consent Decree shall remain in effect for one (1) year from the date it is

entered, and the Court shall retain jurisdiction of this action during the duration of this Decree to

enforce compliance with the Decree.

DISPUTE RESOLUTION AND COMPLIANCE

15. The Court shall have all available equitable powers, including injunctive relief, to

enforce this Decree. Upon motion of any party, the Court may schedule a hearing for the purpose

of reviewing any party’s compliance with this Decree and/or ordering appropriate relief to

determine whether the parties have complied with the terms of this Decree. Prior to seeking

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review by the Court, the parties shall engage in a good faith effort to resolve any dispute concerning compliance with the Decree. Any party seeking court review of a matter shall be required to give ten (10) days notice to the other party before moving for such review.
COURT COSTS AND ATTORNEY FEES 16. Each party shall bear its own court costs and attorney fees.
MISCELLANEOUS 17. If any provision(s) of this Agreement is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect.
18. The terms of this Decree shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of Warrenville.
19. This Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Warrenville and the Commission.
20. When this Decree requires or permits the submission of any documents by Warrenville to the Commission, if not otherwise indicated in the Decree, they shall be mailed to
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Adele Rapport, Regional Attorney, EEOC, Detroit District Office, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 865, Detroit, MI 48226.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

BW-WARRENVILLE, L.L.C.

/s/ ________________ Adele Rapport (P44833) Regional Attorney
Robert Dawkins (P38289) Supervisory Trial Attorney
Tammy Klein (P60256) Trial Attorney
Attorneys for Plaintiff
Detroit District Office Patrick V. McNamara Federal Building 477 Michigan Ave., Room 865 Detroit, MI 48226

_/s/_with consent____ By: James S. Rosenfeld
Butzel Long, PC 150 W. Jefferson, Suite 100 Detroit, MI 48226
Attorneys for Defendant

IT IS SO ORDERED:
_/_s_/ _W__e_n_d__e_ll__A_._M___il_e_s_________
UW.Sen. dDeIlSlTAR. IMCTileCsOURT JUDGE Senior U.S. District Judge

_M__a_r_c__h_6__, _2_0_0_6_________
DATED

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EXHIBIT A

NOTICE TO ALL EMPLOYEES

This Notice is being posted to inform you of your rights guaranteed by federal law under Title VII of

the Civil Rights Act of 1964, as amended, (“Title VII”). Title VII prohibits discrimination, including

harassment, because of an individual’s race, color, sex (including pregnancy), national origin and religion.

The United States Equal Employment Opportunity Commission is the federal agency which

investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to

enforce the anti-discrimination provisions of Title VII. Any employee who believes that he/she is the victim of

discrimination or retaliation should first report their concerns to the company via its policy on discrimination.

The employee can complain to his/her immediate supervisor, regional manager or the human resource

department. If the employee does not believe that his/her concerns have been resolved then he/she has the

legal right to file a charge of discrimination with the Equal Employment Opportunity Commission.

The Equal Employment Opportunity Commission also enforces the American with Disabilities Act of

1990 as amended, which protects individuals with disabilities from discrimination and harassment; the Age

Discrimination in Employment Act (ADEA), which protects individuals over the age of 40 from

discrimination in hiring, promotions, and all other areas of their employment; and the Equal Pay Act, (EPA)

which provides that men and women shall be paid equal wages for performing equal work.

Warrenville supports and will comply with these federal laws in all respects. Warrenville will not take

any action against any employees because they have exercised their rights under

Title VII.

____________________ Date

____________________________________ BW-Warrenville, L.L.C.

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 United States District Court for the Western District of Michigan - Docket Report

Page 1 of 2

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:05-cv-00678-WAM

CLOSED

Equal Employment Opportunity Commission v. BWWarrenville Operations, Inc. Assigned to: Senior Judge Wendell A. Miles Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2005 Date Terminated: 03/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tammy C. Klein U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-5673 Fax: (313) 226-6584 Email: tammy.klein@eeoc.gov ATTORNEY TO BE NOTICED

V.
defendant
BW-Warrenville Operations, Inc. doing business as Buffalo Wild Wings Bar & Grill

Date Filed 09/30/2005

#

Docket Text

1 COMPLAINT and jury demand against BW-Warrenville Operations, Inc. filed by Equal Employment Opportunity Commission (Attachments:, # 1 Civil Cover Sheet) (cmi, ) (Entered: 10/03/2005)

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?820885657874061-L_353_0-1

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United States District Court for the Western District of Michigan - Docket Report

Page 2 of 2

09/30/2005 02/16/2006 03/06/2006

SUMMONS ISSUED as to BW-Warrenville Operations, Inc. (cmi, ) (Entered: 10/03/2005)
2 PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 02/16/2006)
3 CONSENT DECREE: defendant BW-Warrenville Operations shall pay the sum of $30,000.00 to Ricky Owens for non-compensatory damages as alleged in the complaint, provide a mandatory Title VII training program to all management, supervisory and human resources personnel and post a copy of the Notice attached as Exhibit A in a conspicious location at all of its Western Michigan facilities where employee notices are posted, for six months ; signed by Senior Judge Wendell A. Miles (Senior Judge Wendell A. Miles, sds) (Entered: 03/06/2006)

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