ORIGINAL

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ~

. EQUAL EMPLOYMENT OPPOR"TUNITY
COMMISSION, Washington Field Office 1400 L StreetN.W., Suite 200 Washington D.C. 20005
Plaintiff,
v.
HARCO, INC. d/b/a ARCHIBALD'S 1520 K. Street, N.W. Washington, D.C. 20005
Defendant.

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CIVILACTIONNO.l1- 02 -2039

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Jugge Emmet G.Sullivan

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CONSENT DECREE

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THE LmGATION

1. Plaintiff, Equal Employment Opportunity Commission (the "Commission" or nEEOC''), filed

this action alleging that Defendant, HARCO/Archibald's ("Defendant"), violated· Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended (nTitle VIIn), 42 U.S.C.

Section 2000e-2(a), by discriminating against Michelle O'Connor because of her sex.

Defendant denies the Commission's allegations.

2. In the interest of resolving this matter, and as a result of having engaged in comprehensive .

settlement negotiations, the parties have agreed that this action should be finally resolved by entry ofthis Consent Decree (hereafter nDecreen). This Decree fully and finally resolves any .

and all Title VII issues arising out ofthe Complaint filed by the EEOC in this action.

3. The parties acknowledge that this Decree represents a compromise ofdisputed claims. This

Decree shall not be construed as an admission by Defendant ofliability or violation ofTitle

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VII, an adjudication on the merits, or a waiver by the EEOC of any contentions of discrimination.
FINDINGS 4. Having carefully examined the terms and provisions of this Decree, and based on the
pleadings, record, and stipulations of the parties, the Court finds the following: (a) This Court has jurisdiction over the subject matter of this action and of the parties. (b) The terms of this Decree are adequate, fair, reasonable, equitable, and just. The
rights of the parties and the public interest are adequately protected by this Decree. (c) This Decree conforms with the Federal Rules of Civil Procedure and Title VII and
is not in derogation ofthe rights or privileges of any person. The entry ofthis Decree will further the objectives of Title VII and will be in the best interests ofthe parties and the public. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-DISCRIMINATION 5. Defendant, its officers, agents (including management personnel), successors, and assigns
will not unlawfully discriminate on the basis of sex in violation of Title VII. TRAINING
6. Defendant will conduct training on sex discrimination for its managers at its facility at 1520 K Street, N.W., Washington, D.C. The training must be completed within one year from the date ofthis Decree. Defendant will select the individual(s) or company who will conduct the trainillg, the tentative dates the training is to take place, and the manner in which the training will be conducted. Defendant will provide this information, in addition to a copy of the
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training materials, to Washington Field Office trial attorney IuanCarlos Hunt, at least thirty (30) days priorto the scheduled training date. The individna1(s) conducting the training and Defendant will work with the EEOC to alleviate any concerns it may have with the scheduled training, including the training materials. The Commission is not expected to participate in the training but will be permitted to attend the training if it so chooses.
MONETARY RELIEF 7. Defendant shall, on or prior to October 31, 2002, tender to MICHELLE O'CONNOR two
checks made payable to her. The first check shall be in the amount ofthree thousand dollars ($3,000.00), less Ms. O'Connor's share of FICA and federal withholding taxes and state taxes, constitnting back wages. Defendant shall not deduct from the check its share ofFICA and FUTA on the back wages. The second check shall be in the amount oftwelve thousand dollars ($12,000.00), constituting compensation for prejudgment interest and compensatory damages. Defendant shall be liable for interest payments to Ms. O'Connor at the rate ofone and one halfpercent (1.5%) per month ifthe above-referenced checks are not tendered to her at the time indicated in this paragraph.
DRESS CODE 8. Male and female bartenders will be required to wear substantially equivalent casual attire.
Male and female managerlbartenders will be required to wear substantially equivalent formal attire. Defendant shall not retaliate against any female bartender who chooses not to wear sexually provocative clothing. Defendant shall provide a copy ofArchibald's revised dress code policy to Washington Field Office trial attorney IuanCarlos Huntwithinthirty (30) days from the date ofthis Decree.
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POSTING OF NOTICE 9. Within seven (7) business days after entry ofthis Decree, Defendant shall post a same-sized
copy of the Notice attached as Exhibit A to this Decree at the Archibald's facility in a conspicuous location easily accessible to and commonly frequented by employees. The Notice shall remain posted for two (2) years from the date ofentry ofthis Decree. Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Defendant shall certify to the EEOC in writing within fifteen (15) business days after entry of the Decree that the Notice has been properly posted. Defendant shall permit a representative of the EEOC to enter Defendant's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
MONITORING 10. Starting no later than sixty (60) days from the effective date of the Decree, and every six (6)
months thereafter for two (2) years, Defendant will provide JuanCarlos Hunt, EEOC Trial Attorney, with a status report on the implementation of the Decree. The status report will include the following information: (i) certification that the funds described in Paragraph Seven (7) above have been dispersed to Ms. O'Connor; (ii) certification that a copy of the revised dress code has been provided to the Commission in accordance with Paragraph Eight (8) above, that the revised dress code has been distributed to all current employees, and that the revised dress code will be distributed to all future employees in accordance with regular new hire procedures; (iii) certification that the notice referred to in Paragraph Nine (9) above remains posted in accordance with the terms of this Decree; and, (iv) whether any
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discrimination charges or complaints have been filed by Archibald's employees during the reporting period.
DISPUTE RESOLUTION 11. In the event that either party to this Decree believes that the other party has failed to comply
with any provision(s) ofthe Decree, the complaining party shall notify the other party ofthe alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has, in fact, complied with the terms of the Decree. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 12. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction ofthis
matter to enforce this Decree) for a period oftwo (2) years immediately following entry of the Decree, provided, however, that if, at the end ofthe two (2) year period, any disputes under Paragraph 11, above, remain unresolved, the term ofthe Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
FORCE AND EFFECT 13. The terms ofthis Decree are and shall be binding upon the present and future representatives,
agents, directors, officers, assigns, and successors of Defendant.
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ON BEHALF OF PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Gwendolyn Young Reams
~~710~ Assoc\ate General~~k~
y Barbara Doug!Mty (~628)
Assistant General Counsel 1801 L Street, NW, 'ph Floor Washington, D.C. 20507
.~) Senior Trial Attorney 1400 L Street, NW, Suite 200 Washington, D.C. 20005
dkt:£~-
~OSM.Hunt
Trial Attorney 1400 L Street, N.W., Suite 200 Washington, D.C. 20005

ON BEHALF OF DEFENDANT,
~C~(Wf
U Sharon Goley (430751)
Margolius, Mailios, Davis, Rider . & Tomar,LLP 1828 L Street, Suite 500
Washington, D.C. 20036

Washington, D.C. 6

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EXlllBIT A
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NOTICE TO HARCO/ARCHIBALD'S EMPLOYEES
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This Notice is being posted pursuantto a consent decree entered into between HARCO/Archibald's ("Archibald's ") and the Equal Employment Opportunity Commission ("EEOC"). On October 17, 2002, the EEOC filed a lawsuit against Archibald's. Archibald's denies the allegations in the lawsuit. However, in an effort to amicably resolve the matter, the·EEOC and Archibald's have decided to settle the lawsuit. As part of the settlement, allbartenders, .regardless of their sex, are required to wear substantially equivalent clothing (casual attire) and all manager/bartenders, regardless of their sex, are required to wear substantially equivalent clothing (formal attire).
Defendant will not retaliate against any female bartender or fnanager/bartender who chooses not to
wear sexually provocative clothing.
Archibald's will not discriminate on the basis of sex in any.employment action. All women are
encouraged to apply for employmentpositions as they may arise. Archibald's will, as necessary, take
appropriate disciplinary action, up to and including discharge, to ensure compliance with its EEO policies, especially its policy prohibiting all forms of sex discrimination.
All employees are urged to bring any concerns or complaints involving illegal discrimination, at the earliest possible time, without fear of retaliation, to the company's EEO office, Human Resources, or the EEOC.
The EEOC is responsible for enforcing Title VII ofthe Civil Rights Act of I 964, as amended, which prohibits employment discrimination based on sex, race, color, national origin and religion; the Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination based upon age for persons 40 years of age and older; the Equal Pay Act of 1963, as amended, which prohibits wage discrimination on the basis of sex; and the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability.
For more information, you may contact the Archibald's EEO Office toll free at 1-888-692-1655 or the EEOC Washington Field Office, 1400 L Street, NW, Washington, DC at (202) 275-7377 or log onto www.EEOC.gov.

Date

Archibald's President

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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HARCO, INC. D/B/A ARCHIBALD'S

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Defendant.

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Civ. No. 02-2039 (EGS)

ORDER

In light of the consent decree entered in this case, it is by the Court hereby
ORDERED that this case is removed from the Court's active calendar.

Signed:

Emmet G. Sullivan United States District Judge December 30, 2002

Notice to: Gwendolyn Young Reams Associate General Counsel Barbara Dougherty Assistant General Counsel 1801 L Street, NW, 7th Floor Washington, DC 20507 Barbara Brice-Brown Senior Trial Attorney 1400 L Street, NW, Suite 200 Washington, DC 20005 Juan Carlo M. Hunt Trial Attorney 1400 L Street, NW, Suite 200 Washington, DC 20005
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

fILED
OCT 1 8 2002

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington Field Office 1400 L Street N.W., Suite 200 Washington D.C. 20005

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CASE NUMBER l,02CV02039
JUDGE, Emmet G. Sullivan

Plaintiff, v.

DECK TYPE, Employment Discriminatl n DATE STAMP, 10/18/2002
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HARCO, INC. d/b/a ARCHIBALD'S

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1520 K. Street, N.W.

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Washington, D.C. 20005

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Defendant.

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COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex

discrimination committed by Defendant .Harco, Inc. d/b/a Archibald's ("Defendant

Archibald's") and to provide appropriate relief to female employees, including Michelle

O'Connor, who were adversely affected by Defendant Archibald's practices. As alleged

with greater particularity in the paragraphs below, Ms. O'Connor was not promoted to the

pOSition of manager/bartender and female bartenders, including Ms. O'Connor, were

subjected to disparate terms and conditions of employment because of their sex.

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 pursuantto Section 706(f)(1)

and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Columbia.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (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. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Archibald's, a District of Columbia corporation, continuously did business in the District of Columbia and continuously has had at least 15 employees. 5. At all relevant times, Defendant Archibald's 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. §§ 20QOe(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days priorto the institution of this lawsuit, Ms. O'Connor filed a charge with the Commission alleging violations of Title VII by Defendant Archibald's. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 1999, Defendant Archibald's has engaged in unlawful employment practices at its location in violation of Section 703(a)(1) ofTitie VII, 42 U.S.C. § 2000e-2(a)(1).
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A. Defendant Archibald's failed to promote Ms. O'Connor to the position
of manager/bartender because of her sex. B. Defendant Archibald's subjected female bartenders, including Ms.
O'Connor, to disparate terms and conditions of employment, i.e., a dress code, because of their sex. 8. The effect of the practices complained of in paragraph 7 above has been to deprive females, including Ms. O'Connor, of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of female employees, including Ms. O'Connor.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining DefendantArchibald's, its successors,
assigns, and all perSons in active concert or participation with it, from engaging in sex discrimination.
B. Order Defendant Archibald's to institute and carry out policies, practices, and programs that provide equal employment opportunities for female employees and that eradicate the effects of its past and present unlawful employment practices.
C. Order DefendantArchibald's to make whole female employees, including Ms. O'Connor, by providing backpay with prejudgment interest, in amounts to be determined
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at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 7 above, including but not limited to reinstatement and/or frontpay.
D. Order DefendantArchibald's to make whole female employees, including Ms. O'Connor, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined attrial.
E. Order DefendantArchibald's to make whole female employees, including Ms. O'Connor, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Archibald's to pay female employees, including Ms. O'Connor, punitive damages for the malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs incurred in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted, Gwendolyn Young Reams Associate General Counsel
~~~ SBeaniorr Tbriaal rAttaorsnefy i,\'2~-\ \'\1,./
anCarlos M. Hunt Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 1400 L Street N.W., Suite 200 Washington D.C. 20005 (202) 275-7041 (202) 275-6834 (fax) JuanCarlos.Hunt@EEOC.gov
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 District of Columbia live database - Docket Report

https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?855584106183223-L_35...

CLOSED, JURY, TYPE-H
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:02-cv-02039-EGS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HARCO, INC. Assigned to: Judge Emmet G. Sullivan Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 10/18/2002 Date Terminated: 12/30/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Barbara Brice-Brown EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 1400 L Street, NW Suite 200 Washington, DC 20005 (202) 275-6687 Fax: (202) 275-6834 Email: barbara.brice-brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
HARCO, INC. doing business as ARCHIBALD'S

Date Filed 10/18/2002 10/18/2002
10/21/2002
12/30/2002

#

Docket Text

SUMMONS(1) Issued as to HARCO, INC. (cdw, ) (Entered: 10/22/2002)
1 COMPLAINT against HARCO, INC. ( Filing fee $150 ). Filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (cdw, ) (Entered: 10/23/2002)
2 Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,HARCO, INC. (Signed by Judge Emmet G. Sullivan) (td, ) (Entered: 12/16/2002)
3 ORDER removing case from active calendar of the Court. Signed by Judge Emmet G. Sullivan on December 30, 2002. (lcegs1) (Entered: 12/30/2002)

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