IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff,

CIVIL ACTION NO.

CRACKER BARREL OLD COUNTRY
STORE, INC., CBRL GROUP, INC. and CBOCS WEST, INC.

Jury Trial Demanded
UDGE OR LE

Defendants.

MAGISTRATE JUDGE D~I~ILOW

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e e_t se__q. ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, race and retaliation and to provide appropriate relief to classes of employees who were adversely affected by such practices. Plaintiff Equal Employment Opportunity Commission ("EEOC") alleges that Cracker Barrel Old Country Store, Inc., CBRL GROUP, INC. and CBOCS West, Inc. (collectively "Cracker Barrel") subjected Halley O’Connor, Leslie Lerche, Kris Mandeville, Valerie Sucich, Jeanne Burris, Kirnberly Waterstraat,.Tiffany Bemhard-Engstrom, Joanne Hubbard, Kerri McReynolds (collectively referred to hereafter as "Charging Parties"), and a class of female employees to harassment on the basis of sex. EEOC also alleges that Cracker Barrel subjected Charging Party Keyandez Hughes-Brooks and a class of African-American employees to harassment and different terms and conditions of employment on the basis of race, Black.

EEOC also alleges that Cracker Barrel subjected Charging Party Kimberly WatersWaat to harassment and different tcrtns and conditions on the basis of race because ofh~r association with an African-American employee. EEOC further alleges that Cracker Barrel retaliated against Charging Parties Jean Burris and a class of employees by subjecting them to different ¯ terms and conditions of employment. EEOC farther alleges that Cracker Barrel constructively discharged Charging Parties Leslie Lerche, Jean Burds, Valerie Sucich, and a class of employees, in violation of Title VII.
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 Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3), and § 102 of the Civil Rights Act of 1991, 42 U.S.’C. § 1981A. 2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
3. Plaintiff, the Equal Employment Opportunity Commission, is an 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(0(1) and (3) of Title VI1, 42 U.S.C. Section 2000e-5(0(1) and (3).
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4.. At all times relevant, Defendants Cracker Barrel Old Country Store, Inc., CBRL GROUP, INC. and CBOCS West, Inc. (collectively "Cracker Barrel"), have continuously been doing business in the Northern District of Illinois and have continuously had at least fifteen employees.
5. At all times relevant, Cracker Barrel has continuously been an employer engaged in an industry affecting commerce within the meaning of Seetiorm 7010a), (g) and of Title VII, 42 U.S.C. Sections 2000e(b), (g) and
STATEMENTOF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Charging Parties filed charges with the Commission alleging violations of Tire VII by Cracker Barrel. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 1998, Cracker Barrel has engaged in unlawful employment practices at its Bloomington, Mattoon and Matteson, Illinois restaurants, in violation of Sections 701(k) and 703(a) of Title V-I/, 42 U.S.C. Sections 2000e(k) and 2(a). Such unlawful employment practices have included: 1) subjecting some Charging Parties and a class of female employees to harassment and a hostile work environment because of their sex, 2) subjecting some Charging Parties and a class of employees to different terms and conditions of employment and harassment based on race, Black, 3) retaliating against some Charging Parties and a class of employees by subjecting them to different terms and conditions of
-3-

employment, and, 4) constructively discharging some Charging Parties and a class of employees.
8. The effect of the practices complained of above has been to deprive Charging Parties, and a class of employees adversely affected by the discriminatory actions, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and/or race.
9. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected fights of Charging. Parties and a class of employees because of their sex (female) and race (Black).
PRAYER FOR RELIEF. WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Cracker Barrel, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex and/or race. B. Order Cracker Barrel to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices. C. Order Cracker Barrel to make whole Charging Parties and the affected classes by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial~ and other affirmative relief necessary to eradicate the effects of its unlawful employment
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practices, including reinstatement where appropriate. D. Order Cracker Barrel to make whole Charging Parties and the affected classes
by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be determined at trial.
E. Order Cracker Barrel to make whole Charging Parties and the affected classes by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices eomplained of in paragraphs 7 and 8 above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial.
F. Order Cracker Barrel to pay Charging Parties and the affected classes punitive damages for their malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fa~t raised by its complaint.
Respectfully submitted,
Eric S. Dreiband General Counsel
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" S~t, N.W,

John ~. Hofidrickson

Diane I. Smason

Supervisory Trial Attorney

¯

~ ~ Pamela S. Moom-Gib~b/s Trial Attorney EQUAL EMPLOYMENT OPPORTLrNITY
COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120
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Civil Cover Sheet

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Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):CRACKER BARREL OLD COUNTRY STORE, INC., CBRL GROUP, INC AND CBOCS WEST, INC.

County of Residence:

County of Residence:

Plaintiffs Arty: Pamela S. Moore-Gibbs Equal Employment Opportunity Commission 500 W. Madison, Suite 2800 Chicago, IL 60661 312-886-9120

II. Basis of Jurisdiction:

1. U.S. Gov’t Plaintiff

III. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff.’- N/A Defendant:- N/A

IV. Origi~"

1. Original Proceeding

MAGISTRATE JUDGE DENLOW

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 UoS.C. §

2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, race and retaliation.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII~_. This case IS NOT a refiling of a previously dismissed ease.

http://www.ilnd.uscourts.gov/PUBLIC/Forms/auto_j s44.cfm

811012004

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500 W. Madison, Suite 2800 c~,~A~_~ Chicago, IL 60661

TELEPHONE NL1MBER
312-886-9120
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312-353-8555

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CRACKER BARREL OLD COUNTRY

)

STORE, INC., and CBOCS WEST, INC.,

)

)

Defendants.

)

)

No. 04 C 5273
Hon. Judge Norgle Magistrate Judge Denlow

CONSENT DECREE

I. This Consent Decree (the "Decree") has been entered by the Court and has been made

and agreed to by and between Plaintiff United States Equal Employment Opportunity

Commission (hereinafter referred to as the "EEOC") and Defendants Cracker Barrel Old Country

Store, Inc. ("CBOCS") and CBOCS West, Inc. ("CBOCS West") (hereinafter collectively

referred to as "Defendants"). (EEOC and Defendants will be collectively referred to herein as

"the Parties").

2. On August II, 2004, EEOC initiated this action by filing its Complaint against

Defendants. EEOC's Complaint alleged that Defendants violated Title VII of the Civil Rights

Act of 1964, as amended, including, but not limited to, amendments authorized by the Civil

Rights Act of 1991,42 U.S.c. §2000e et seq. ("Title VII"), at Store Nos'. 125,404, and 110

(CBOCS West's Bloomington, Mattoon, and Matteson facilities) by subjecting a class of female

employees to a hostile work environment of harassment based upon their sex, by subjecting a

class of African-American employees to a hostile work environment and different terms and

conditions of employment based upon their race, Black, and by unlawfully retaliating against a class of employees who brought charges of discrimination by subjecting them to different terms and conditions and constructively discharging those employees. The EEOC alleged that these violations have taken place since at least January 1998. Defendants, in their Answer, denied these allegations. 3. In the interest ofresolving 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 of this Decree. Nothing in this decree shall be construed as an admission by any party of liability or non-liability with respect to any claims or defenses raised in the lawsuit. 4. This Decree resolves all claims arising out of the underlying complaint, as well as the allegations that were raised during this case (including those allegations that relate to additional persons identified in the EEOC's November 16,2005, Responses to CBOCS West's First Set of Interrogatories). This Decree also finally resolves all claims arising out of EEOC Charge Numbers: 210-AO-1229, 210-AI-0161, 210-AO-1857, 210-AO-1303, 210-AO-2327, 210-AO1859, 210-AI-0607, 210-AO-1858, 210-AO-2690, 21 O-AO-l 860, 210-AI-2364, 210-AO-1856, 210-2005-00128 and 210-2004-07189, as well as any amendments to those charges, and constitutes a complete resolution of all claims of sexual harassment, sex-based harassment, sex discrimination, racial harassment, race-based harassment, race discrimination, retaliation and/or constructive discharge that were made or could have been made by the EEOC in this action, under Title VII, 42 U.S.c., §2000e et seq., as amended. The Parties further agree that this Decree does not, however, resolve any Charges that may be pending with EEOC other than the Charges specifically referred to in this paragraph or those that may be released by "Class
2

Members" (as that term is defined herein) pursuant to this Decree. S. This Decree constitutes the complete agreement between EEOC and Defendants with respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court or ordered by the Court. This Decree is final and binding upon the Parties, their agents, successors and assigns. 6. Having carefully examined the terms and provisions ofthis Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties; b. The terms ofthis Decree are adequate, fair, reasonable, equitable, and just. The rights
of EEOC, Defendants, the Class Members, and the public interest are adequately protected by this Decree; and c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or 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, the class members, and the public. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the Parties, it is ORDERED, ADJUDGED AND DECREED THAT:
GENERAL INJUNCTIVE PROVISIONS 7. Non-Discrimination: In all matters arising from or relating to employment, neither CBOCS's nor CBOCS West's officers, agents, management (including supervisory employees),
3

successors and assigns, and all those acting in active concert with them, shall discriminate on the basis of sex or race, nor will they subject their respective employees to a racially or sexually harassing work environment. This injunction shall be limited to all actions that take place at or affect employees at Store Nos. 125,404 and 110. 8. Non-Retaliation: Defendants and their officers, agents, management (including supervisory employees), successors and assigns, are enjoined from unlawfully engaging in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing in connection with this case and/or relating to any claim of discrimination under Title VII, asserted any rights under this Decree, including, but not limited to, receiving monetary and/or non-monetary relief under this Decree. This injunction shall be limited to all actions that take place at or affect employees at Store Nos. 125,404, and 110 and shall in no way serve to increase or decrease Defendants' rights and obligations under the law.
MONETARY RELIEF 9. CBOCS West shall pay the gross sum of two million dollars ($2,000,000.00) to be placed in a Settlement Fund, as defined in this Decree, and distributed among all designated Class Members in accordance with the provisions of this Decree. Establishment of Settlement Fund 10. CBOCS West shall, within thirty (30) days after entry of this Decree, establish and maintain a segregated account on its books for the two million dollars ($2,000,000) designated in paragraph 9 for a Settlement Fund. The Settlement Fund account shall be maintained as a
4

liability in accordance with generally accepted accounting principles, and shall accrue interest, compounded daily, at a rate equal to the thirty (30) day Treasury Bill Rate (or the closest comparable rate thereto) as published in the Wall Street Journal on the date of entry of this Decree. The Settlement Fund shall accrue interest beginning thirty (30) days after entry of this Decree and continuing until the date of transfer, as provided for by paragraphs 13 and 14 of this Decree, and the interest will be credited to the account at least once per month. 11. All costs associated with the distribution of the Settlement Fund to Class Members shall be paid by CBOCS West, including, without limitation, all costs associated with the creation of the Settlement Fund and all costs related to the issuance and mailing of checks from the Settlement Fund. Distribution of Settlement Fund 12. Acting in its sole discretion, subject to the approval of the Court, EEOC determined the portion of the settlement allocated and payable to each class member as compensatory damages pursuant to this Consent Decree. In making such determinations, EEOC considered evidence which it deemed appropriate, including but not limited to evidence received by EEOC in its administrative investigation of the underlying charges of discrimination and evidence received by the EEOC in connection with the litigation of this action. The Settlement Fund shall be used solely to make payments to individuals identified as class members on Exhibit C to this Decree and in the dollar amounts set forth on Exhibit C and who, in addition, timely submit releases as provided in Paragraph 13, or to a non-profit organization as provided by Paragraph 14. All class members identified on Exhibit C to this Decree were determined by EEOC to be individuals employed by CBOCS West at Store Nos. 125,404, and 110 during the relevant time period, with
5

respect to whom EEOC received evidence credible to EEOC that the class member experienced sexual or racial harassment or discrimination or retaliation. In determining the amount payable to each such class member EEOC considered (i) the severity ofthe alleged harassment, discrimination or retaliation experienced, (ii) the duration of the alleged harassment, discrimination, or retaliation, (iii) the extent of the alleged harm, (iv) whether the class member claimed to have been actually or constructively discharged, (v) the length of service of the employee, (vi) the managerial status of the persons involved, (vii) whether the class member allegedly complained to Defendants or to the EEOC, (viii) whether the class member filed a charge of discrimination with EEOC or participated in this litigation prior to February 15, 2006, and (ix) whether the class member previously advised EEOC not to seek any relief for him or her. The determinations described in this Paragraph 12, including the characterization of all payments as compensatory in nature, were made solely by EEOC; Defendants did not participate in those determinations and did not and do not have a right to object to them. The class members are solely responsible for all tax obligations. 13. Within ten (10) business days after entry ofthis Decree, the EEOC will mail to each Class Member a copy of the Release Agreement attached as Exhibit A. Within ten (10) business days after receipt by the EEOC of a signed Release Agreement, the EEOC shall mail the Release Agreement to CBOCS West with the Class Member's current address. Within ten (10) business days after receipt by CBOCS West of a signed Release Agreement, CBOCS West shall issue and mail by certified mail to the Class Member who signed the Agreement a check from the Settlement Fund in the amount set forth in Exhibit C. CBOCS West shall also mail a copy of each check to the EEOC within five (5) business days of sending the check to the Class Member.
6

CBOCS West will issue IRS Fonn 1099s with respect to these payments. Any class member from whom EEOC has not received a release agreement, as provided in this paragraph, by the close of business ninety (90) days after the date of entry of this decree by the court, shall not be entitled to receive any monetary relief under this decree, and shall be deemed, without further act or deed by the person or the court, to be ineligible for and forever barred from receiving any payments under this Consent Decree.
14. In the event that any amount of the payment designated for the Class Members has not
been distributed as required by this Decree, and/or if any accrued interest remains in the account, after a period of nine (9) months from entry of this Decree, then CBOCS West shall donate an amount equal to the remaining money to a non- profit organization, jointly selected by the EEOC and Defendants, and subject to the approval ofthe Court, that serves to benefit women's and/or minority workplace interests in one or more of the communities in which the facilities covered by this Decree are located. At that time, CBOCS West shall pay to such organization(s) (in equal parts ifmore than one) the unclaimed portion of the total payment designated for the Class Members and/or the interest accrued on the Settlement Fund to the date of payment. Thereafter, neither CBOCS nor CBOCS West shall have an obligation of any kind to make any payment of any kind to any class member or to any other person or organization under this Consent Decree.
POSTING OF NOTICE IS. Within fifteen (\5) business days after entry of this Decree, CBOCS West shall post copies of the Notice attached as Exhibit B to this Decree at Store Nos. 125,404, and 110 on bulletin boards used by CBOCS West for communicating with employees. The Notice shall remain posted for two (2) years from the date of entry of this Decree. CBOCS West shall take
7

all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. CBOCS West shall certify to the EEOC in writing within fifteen (IS) business days after entry of the Decree that the Notices have been properly posted. CBOCS West shall permit a representative of the EEOC to enter the premises of Store Nos. 125,404, and 110 for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 16. For a period of two (2) years following entry of this Decree, Defendants shall maintain records of each complaint of sex discrimination, sex harassment, race discrimination, race harassment, or retaliation made by employees from Store Nos. 125,404 and 110. Such records shall indicate the date the complaint was made, who made it, what was alleged, and what actions CBOCS West took to resolve the matter. 17. Defendants shall make all documents or records referred to in Paragraph 16, above, available for inspection and copying within ten (10) business days after the EEOC so requests.
REPORTING 18. Defendants shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty-three (23) months after entry of the Decree. Each such report shall contain:
a. A summary of the information recorded by Defendants pursuant to Paragraph 16; b. A certification by CBOCS West that the Notices required to be posted in Paragraph
IS, above, remained posted during the entire six (6) month period preceding the report.
TRAINING 8

19. During each of the two (2) years covered by this Decree, all District Managers, General Managers, Senior Associate Managers, and Associate Managers, who work at or have management responsibilities over either Store Nos. 125,404, or 110, shall participate in an annual training session geared toward management, paid for by one or both Defendants, and approved by the EEOC, regarding sexual and racial discrimination, including coverage of harassment and retaliation issues. The first training shall take place within ninety (90) days of entry of this Decree. Any new manager who would have been otherwise trained, must be provided the same training within thirty days of hire or transfer to a specific facility. 20. In addition to the mandatory training provided for managers set forth in paragraph 19, CBOCS West shall require, during each of the two (2) years covered by this Decree, all its employees at Store Nos. 125, 404, and 110 to attend annual training regarding workplace harassment. The first training shall take place within ninety (90) days of entry of this Decree. 21. CBOCS West shall obtain the EEOC's approval of its proposed training programs prior to the training sessions. CBOCS West shal1 submit its training proposal to the EEOC at least fifteen (15) business days prior to the proposed date(s) of the training. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the proposed training program. In the event the EEOC does not approve CBOCS West's designated training program, CBOCS West shall have ten (10) business days to propose an alternate training program. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the alternate training program. If the parties cannot through this process agree on a training program, then they may seek the Court's assistance under paragraph 23.
9

22. CBOCS West shall certifY to the EEOC in writing, within five (5) business days after the training referenced in paragraphs 19 and 20 has occurred, that the annual training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of an attendance list, which shall include the name and position of each person in attendance.
DISPUTE RESOLUTION 23. In the event that any party to this Decree believes that another party has failed to comply with any provision(s) of the Decree, the complaining party shall notifY the other party of the 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 non-complying party has complied. If the alleged non-complying party has not remedied the alleged noncompliance 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 24. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 23, above, remain unresolved, the term of the 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.
MISCELLANEOUS PROVISIONS 25. Each party to this Decree shall bear its own expenses, attorney's fees, and costs.
10

26. The tenns of this Decree are and shall be binding upon the present and future directors, officers, managers, agents, successors, and assigns of Defendants. Defendants will provide a copy of this Decree to any person(s) or organization(s) which proposes to acquire or merge with one or both of them, prior to the effectiveness of any such acquisition or merger. 27. When this Decree requires the submission by one or both Defendants of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Cracker Barrel Consent Decree Compliance, Pamela Moore-Gibbs, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to one or both Defendants, they shall be mailed to: Michael 1. Zylstra, Cracker Barrel Old Country Store, Inc., P.O. Box 787, 305 Hartmann Drive, Lebanon, TN 37088. SO ORDERED, ADJUDGED AND DECREED this _ day of _ _ _, 2006.
United States District Court Judge Charles
II

Agreed to in form and content: FOR THE PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: JAMES LEE Deputy General Counsel
Diane I. Smason Supervisory Trial Attorney
~fI?a)M~oo1reJ-lGwiubb_s'~flVr(J ;v ,
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-8551 Dated: March 8, 2006
12

Agreed to in form and content:
FOR DEFENDANTS,
BYC~'~
Cracker Barrel Old Country Store, Inc. B
Michael J. Zylstra CBOCS West, Inc.
13

EXHIBIT A

RELEASE AGREEMENT

I,

, for and in consideration of the sum of $

payable to me

pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Cracker Barrel Old

Country Store, Inc.. et. ai, No. 04 C 5273 (N.D. I1l.), on behalf of myself, my heirs, assigns,

executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Cracker

Barrel Old Country Store, Inc. and CBOCS West, Inc. (collectively "Defendants"), and all past

and present shareholders, officers, agents, employees, and representatives of Defendants, as well

as all successors and assignees of Defendants, from any and all claims and causes of action of

any kind (including, but not limited to, claims for attorneys' fees or expenses oflitigation) which

I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000e et seq., as a result of or arising from the subject matter and claims which were or

which could have been asserted in EEOC v. Cracker Barrel Old Country Store, Inc.. et. ai, No.

04 C 5273 (N.D. Ill.).

Date

Signature

14

EXHIBITB

NOTICE TO CRACKER BARREL EMPLOYEES AT STORE NOS. 125,404, AND 110

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Cracker Barrel Old Country Store. Inc.. et. aI, No. 04 C 5273 (N.D. 111.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Cracker Barrel Old Country Store, Inc. and CBOCS West, Inc. ("Cracker Barrel").

In its suit, the EEOC alleged that Cracker Barrel discriminated against female employees by subjecting them to a hostile work environment based upon their sex and African-American employees by subjecting them to a hostile work environment and different terms and conditions of employment based upon their race, all in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") at Store Nos. 125 (Bloomington, Illinois), 404 (Mattoon, Illinois), and 110 (Matteson, Illinois). In its Answer, Cracker Barrel denied these allegations.

To resolve the case, Cracker Barrel and the EEOC have agreed to the entry of the Consent Decree which provided, among other things, that:

I) Cracker Barrel will pay monetary damages to a class of current and former employees;

2) Cracker Barrel will not discriminate on the basis of sex or race;

3) Cracker Barrel will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree;

4)

Cracker Barrel will report all complaints of gender and racial discrimination at its

Bloomington, Mattoon, and Matteson facilities; and

5)

Cracker Barrel will train all of its managers at its Bloomington, Mattoon, and Matteson

facilities with respect to racial and sexual harassment and will offer training on

harassment to all employees.

The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-2713. The EEOC charges no fees and has employees who speak languages other than English.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED

This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: U.S. Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661.

Date

The Honorable Charles R. Norgle

United States District Judge

15

EXHIBITC CRACKER BARREL SETTLEMENT TIERS

Tier I $300,000
Jean Burris
Tier II $100,000
Tiffany Bernhard Engstrom Keyandez Brooks Kristine Mandeville-Stewart Kerri McReynolds (estate) Hailey O'Connor-Marrs Valerie Sucich Kimberly Waterstraat
Tier 1lI $50,000
Kathy Armer Cross Jennifer Giroux Erika Hartman Leslie Lerche Amy McCollum Enjoli Scales

Tier V $20,000
Celia Adams Kappotolia Anderson Alvina Anderson-Ramey Valerie Austin Cindi Banks Christine Brown Connie Butler-Stone Donald Carter Phillip Carter Pamela Drummond Mildred Gardner Shannel Home Joy Jackson Robins Jones Watts-Ross Deanna McDannald-Linroth Michael Richie William Sales Nicole Smith Chanda Thomas Taveras Tyus Kiesha West Shantoya Wilson Judith Zopf

Tier IV $30,000
LaShay Toi Brown Crystal Edwards Anita Grant-Leigh Dione LaFond Nona Lewis Tamika Thompson

Tier VI $ 7,500
Roseann Bennett Ricky Collyear Tangy Craig Espe Jerry Foney Joanne Hubbard Lange Anastasia Perschall Juanita Poole Hite Elizabeth Yanosko-Snyder

16

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?102901670303381-L_35...
CASREF, CLOSED, DENLOW
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-05273

EEOC v. Cracker Barrel Old, et al Assigned to: Hon. Charles R. Norgle, Sr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/11/2004 Date Terminated: 03/10/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
- U.S. Equal Employment Opportunity Commission

represented by Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Cracker Barrel Old County Store, Inc.

represented by Beth A. Moeller Ashe, Rafuse & Hill, LLP 1355 Peachtree Street, NE Suite 500 Atlanta, GA 30309-3232 (404)253-6000 Email: bethmoeller@asherafuse.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Joseph Swartz Ashe, Rafuse & Hill, LLP 1355 Peachtree Street, N.E. Suite 500 Atlanta, GA 30309 (404) 253-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Kuenstler Barnes & Thornburg LLP One North Wacker Drive Suite 4400 Chicago, IL 60606 (312) 338-5924 Fax: (312) 759-5646 Email: jkuenstler@btlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beau C. Sefton The Kroger Company Law Department 1014 Vine Street Cincinnati, OH 45202-1100 (513) 762-4431 Email: beau.sefton@kroger.com TERMINATED: 01/20/2006
Christy Shameron Gerst Wildman, Harrold, Allen & Dixon 225 West Wacker Drive Suite 3000 Chicago, IL 60606-1229 (312) 201-2000 Email: gerst@wildmanharrold.com TERMINATED: 01/20/2006
David E. Gevertz Ashe, Rafuse & Hill, LLP

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1355 Peachtree Street #500 Atlanta, GA 30309 (404)253-6000 Email: davidgevertz@asherafuse.com ATTORNEY TO BE NOTICED
Dax Lopez Ashe, Rafuse & Hill LLP 1355 Peachtree street, NE Suite 500 Atlanta, GA 30309-3232 404-253-6009 Email: daxlopez@asherafuse.com ATTORNEY TO BE NOTICED
Lauren Zeldin Ashe, Rafuse & Hill LLP 1355 Peachtree Street Suite 500 Atlanta, GA 30309 (404)253-6000 ATTORNEY TO BE NOTICED
Megan A. Kelly Ashe, Rafuse & Hill, LLP 1355 Peachtree Street, NE Suite 500 Atlanta, GA 30309-3232 (404)253-6054 ATTORNEY TO BE NOTICED
Norma W. Zeitler Barnes & Thornburg One North Wacker Drive Suite 4400 Chicago, IL 60606 (312)357-1313 Email: norma.zeitler@btlaw.com ATTORNEY TO BE NOTICED
Scott M. Lenhart Ashe, Rafuse & Hill, LLP 1355 Peachtree Street #500 Atlanta, GA 30309 (404)253-6000 ATTORNEY TO BE NOTICED
Tracey T. Barbaree

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Defendant CBRL Group, Inc. TERMINATED: 01/21/2005
Defendant

Ashe, Rafuse & Hill, LLP 1355 Peachtree Street, NE Suite 500 Atlanta, GA 30309 (404)253-6000 ATTORNEY TO BE NOTICED
represented by Nancy E. Rafuse Ashe, Rafuse & Hill, LLP 1355 Peachtree Street #500 Atlanta, GA 30309 (404)253-6000 TERMINATED: 01/21/2005 LEAD ATTORNEY
Barry A. Hartstein Morgan Lewis Bockius 77 W. Wacker Drive 6th Floor Chicago, IL 60601 (312)324-1000 Email: bhartstein@morganlewis.com TERMINATED: 01/21/2005
David E. Gevertz Ashe, Rafuse & Hill, LLP 1355 Peachtree Street #500 Atlanta, GA 30309 (404)253-6000 TERMINATED: 01/21/2005
James E. Bayles, Jr. Morgan, Lewis & Bockius LLP 77 West Wacker Drive 5th Floor Chicago, IL 60601 (312) 324-1000 Fax: (312) 324-1001 Email: jbayles@morganlewis.com TERMINATED: 01/21/2005
Scott M. Lenhart (See above for address) TERMINATED: 01/21/2005

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CBOCS W Inc

represented by Beth A. Moeller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Joseph Swartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Kuenstler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beau C. Sefton (See above for address) TERMINATED: 01/20/2006
Christy Shameron Gerst (See above for address) TERMINATED: 01/20/2006
David E. Gevertz (See above for address) ATTORNEY TO BE NOTICED
Dax Lopez (See above for address) ATTORNEY TO BE NOTICED
Lauren Zeldin (See above for address) ATTORNEY TO BE NOTICED
Megan A. Kelly (See above for address) ATTORNEY TO BE NOTICED
Norma W. Zeitler (See above for address) ATTORNEY TO BE NOTICED
Scott M. Lenhart (See above for address) ATTORNEY TO BE NOTICED
Tracey T. Barbaree (See above for address) ATTORNEY TO BE NOTICED

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Date Filed 08/11/2004
09/27/2004 10/12/2004 10/12/2004 10/12/2004 10/15/2004
11/04/2004 11/23/2004 12/13/2004 12/13/2004 12/13/2004 12/15/2004 12/15/2004 12/15/2004
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#

Docket Text

1 COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Diane Ilene Smason, Pamela Sue Moore-Gibbs as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (lc) (Entered: 08/12/2004)
2 WAIVER of service of summons as to defendants Cracker Barrel Old, CBOCS W Inc sent on 8/11/04 (lc) (Entered: 09/28/2004)
3 ATTORNEY APPEARANCE for defendants Cracker Barrel Old Country Store, CBOCS W Inc by John F. Kuenstler, Beau C. Christy Shameron Travis. (gma) (Entered: 10/13/2004)
4 ANSWER by defendants CBOCS West, Inc., Cracker Barrel Old Country Store, Inc. and additional defenses to plaintiff's complaint [1-1]; Notice. (gma) (Entered: 10/13/2004)
5 MOTION by defendant CBOCS West, Inc. and defendant Cracker Barrel Old Country Store, Inc.'s to stay for failure to conciliate ; Memorandum in support (Attachments); Notice. (jmp) (Entered: 10/18/2004)
6 MINUTE ORDER of 10/15/04 by Hon. Charles R. Norgle Sr : Plaintiffs' response to defendants' motion to stay and for failure to conciliate [5-1] is due on or before 11/05/2004. Defendants' reply is due on or before 11/19/2004. Mailed notice (jmp) (Entered: 10/18/2004)
7 MINUTE ORDER of 11/4/04 by Hon. Charles R. Norgle Sr: Defendant's motion to stay for failure to conciliate is withdrawn [5-1]. The briefing schedule previously set by the court is stricken. Mailed notice (gma) (Entered: 11/08/2004)
SUMMONS issued, one original and one copy, as to defendant CBRL Grp Inc (lc) (Entered: 11/29/2004)
8 ATTORNEY APPEARANCE for defendant CBRL Grp Inc by Nancy E. Rafuse, David E. Gevertz, Soctt M. Lenhart, Barry A. Hartstein, James Edwin Bayles Jr. (vmj) (Entered: 12/14/2004)
9 ANSWER by defendant CBRL Grp Inc [1-1]. (vmj) (Entered: 12/14/2004)
10 NOTIFICATION of affiliates - disclosuore statement by defendant CBRL Grp Inc.'s Local Rule 3.2. (vmj) (Entered: 12/14/2004)
11 APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by David E. Gervertz ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)
12 APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by Scott M. Lenhart ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)
13 APPLICATION for leave to appear pro hac vice for defendant CBRL Grp Inc by Nancy E. Rafuse ; Order entered granting leave by Hon. Charles R. Norgle Sr (lc) (Entered: 12/20/2004)

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01/11/2005 01/11/2005 01/11/2005 01/21/2005
02/09/2005 05/25/2005 07/22/2005
09/21/2005 09/28/2005 12/09/2005 12/10/2005
12/12/2005
12/16/2005 12/16/2005

SCHEDULE set on 1/11/05 by Hon. Charles R. Norgle Sr : Status hearing set for 9:30 2/9/05 . Mailed notice (ewf) (Entered: 01/11/2005)
14 MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to voluntarily dismiss claims against defendant CBRL Group, Inc. (lxs, ) (Entered: 01/20/2005)
15 NOTICE for presentment of MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to dismiss14 before Honorable Charles R. Norgle Sr. on 1/21/2005 at 09:30 AM. (lxs, ) (Entered: 01/20/2005)
16 MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff's motion to voluntarily dismiss claims against defendant CBRL Group, Inc. is granted 14. Plaintiff's claims against defendant CBRL Group, Inc. are dismissed with prejudice. (lxs, ) (Entered: 01/25/2005)
17 MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 2/9/2005 Status hearing set for 5/25/2005 at 09:30 AM. (ewf, ) (Entered: 02/10/2005)
18 MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 5/25/2005. Status hearing set for 7/22/2005 at 09:30 AM. mailed notice (ewf, ) (Entered: 05/26/2005)
19 MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 7/22/2005. Pretrial Order due by 1/23/2006. Jury Trial set for 1/30/2006 at 10:00 AM. Status hearing (regarding settlement) continued to 9/22/2006 at 09:30 AM. Mailed notice (ewf, ) (Entered: 07/22/2005)
20 MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing reset for 9/28/2005 at 09:30 AM. Mailed notice (ewf, ) (Entered: 09/21/2005)
21 MINUTE entry before Judge Charles R. Norgle Sr.: Status hearing held on 9/28/2005. Pretrial Order due by 2/7/2006. Jury Trial set for 2/21/2006 at 10:00 AM. Mailed notice (ewf, ) (Entered: 09/28/2005)
22 NOTICE by John F. Kuenstler of Change of Address (Kuenstler, John) (Entered: 12/09/2005)
26 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by David E. Gevertz; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $ 50 paid, receipt number 10331029. (mjc, ) (Entered: 12/20/2005)
23 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Beth A. Moeller; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $50 paid, receipt number 1116052 (cdy, ) Modified on 2/2/2006 (td, ). (Entered: 12/14/2005)
24 ATTORNEY Appearance for Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc by John F. Kuenstler (Kuenstler, John) (Entered: 12/16/2005)
25 WITHDRAWING John F. Kuenstler as counsel for Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc and substituting Norma W. Zeitler as counsel of record (Zeitler, Norma) (Entered: 12/16/2005)

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12/23/2005 12/29/2005 01/04/2006 01/04/2006 01/05/2006 01/06/2006
01/09/2006
01/10/2006

27 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Dax Lopez; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10714984 (cdy, ) (Entered: 12/30/2005)
28 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by James Joseph Swartz; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10715003 (cdy, ) (Entered: 01/03/2006)
29 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to expedite Deposition Schedule (Attachments: # 1 Exhibit A-C# 2 Exhibit D-F)(Zeitler, Norma) (Entered: 01/04/2006)
30 Defendants' NOTICE of Motion by Norma W. Zeitler for presentment of motion to expedite29 before Honorable Charles R. Norgle Sr. on 1/6/2006 at 09:30 AM. (Zeitler, Norma) (Entered: 01/04/2006)
32 MINUTE entry before Judge Charles R. Norgle Sr.: Defendants' motion for a status conference 29 is granted. The Clerk shall assign this matter to the designated magistrate judge. Mailed notice (cdy, ) (Entered: 01/09/2006)
31 MINUTE entry before Judge Morton Denlow : Motion hearing held on Defendant's motion for a status conference requesting an expedited deposition schedule and guidance regarding depositions conduct 29. Defendant's motion for a status conference requesting an expedited deposition schedule and guidance regarding depositions conduct 29 is granted. Plaintiff to disclose any additional class members by 1/31/2006 or be barred from adding them. Defendants may take the depositions of Plaintiffs not to exceed 3 1/2 hours without leave of Court. The depositions of charging parties and certain select members of management may take up to 7 hours. Settlement conference held. Status hearing set for 1/24/2006 at 10:00 a.m. Motions terminated: MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to expedite Deposition Schedule 29 Mailed notice (dmk, ) (Entered: 01/06/2006)
35 EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Morton Denlow to conduct hearings and enter appropriate orders on the following pretrial motion/matter: pretrial conference under Rule 16; discovery motion(s) specified below; all discovery motions; discovery supervision; discovery conference under Rule 26(f); settlement conference; preparation of pretrial materials; conduct necessary proceedings and enter Order/Report and Recommendation on all nondispositive pretrial motions through filing of pretrial materials including final pretrial order, with the execptions or additions specified below. Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, as specifically set forth below; all pretrial issues. Signed by Executive Committee on 1/09/06. (cdy, ) . (Entered: 01/12/2006)
33 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to withdraw as attorney for Defendants (UNOPPOSED) (Sefton, Beau) (Entered: 01/10/2006)

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01/10/2006 01/17/2006 01/20/2006 01/24/2006 01/27/2006 01/30/2006 02/01/2006 02/01/2006
02/02/2006 02/02/2006
02/07/2006

34 NOTICE of Motion by Beau C. Sefton for presentment of motion to withdraw as attorney33 before Honorable Charles R. Norgle Sr. on 1/20/2006 at 09:30 AM. (Sefton, Beau) (Entered: 01/10/2006)
36 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Tracey T. Barbaree; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10331691 (cdy, ) Modified on 7/31/2006 (rbf, ). (Entered: 01/23/2006)
38 MINUTE entry before Judge Charles R. Norgle Sr.: Unopposed motion of Beau C. Sefton and Christy S. Gerst to withdraw as counsel for defendants 33 is granted. Mailed notice (cdy, ) (Entered: 01/24/2006)
37 MINUTE entry before Judge Morton Denlow : Magistrate Judge Status hearing held on 1/24/2006. Status hearing set for 2/14/2006 at 10:00 AM. Mailed notice (dmk, ) (Entered: 01/24/2006)
41 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Lauren Zeldin; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $ 100 paid, receipt number 10331986. (jmm, ) Modified on 8/3/2006 (rbf, ). (Entered: 02/01/2006)
46 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Scott M. Lenhart; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 111881 (cdy, ) . (Entered: 02/08/2006)
39 MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission for extension of time Plaintiff EEOC's Unopposed Motion for Extension of Time to Submit Joint Pretrial order and to Re-set Trial Date and Certificate of Service (Smason, Diane) (Entered: 02/01/2006)
40 NOTICE by - U.S. Equal Employment Opportunity Commission re MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission for extension of time Plaintiff EEOC's Unopposed Motion for Extension of Time to Submit Joint Pretrial order and to Re-set Trial Date and Certificate of Service39 Notice of Motion (Smason, Diane) (Entered: 02/01/2006)
42 NOTICE of Motion by Diane Ilene Smason for presentment of motion for extension of time, 39 before Honorable Charles R. Norgle Sr. on 2/3/2006 at 09:30 AM. (Smason, Diane) (Entered: 02/02/2006)
43 MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff has moved for enlargement of dates in this suit filed in 2004. Plaintiff's motion for extension of time 40 is granted. Plaintiff has 21 additional days to file its Final Pre-Trial Order. The trial date is stricken. A new trial date will be set after the court reviews the Final Pre-Trial Order. Counsel for both parties are advised to follow the local rule regarding Final Pre-Trial Orders. Mailed notice (cdy, ) (Entered: 02/06/2006)
44 NOTICE of Motion by David E. Gevertz for presentment of before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Attachments: # 1 Motion to Compel Class Members' Depositions# 2 Defendant's Brief in Support of Motion to Compel Class Members' Depositions)(Gevertz, David) (Entered: 02/07/2006)

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02/08/2006 02/09/2006 02/09/2006 02/09/2006 02/10/2006 02/10/2006
02/10/2006 02/10/2006
02/10/2006 02/13/2006

45 SUGGESTION of Death as to Kerri McReynolds Pursuant to Rule 25(a)(1) by Cracker Barrel Old County Store, Inc., CBOCS W Inc (Gevertz, David) (Entered: 02/08/2006)
47 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel Class Members' Depositions (Attachments: # 1 Brief in Support of Motion to Compel Class Members' Depositions# 2 Certificate of Consultation)(Gevertz, David) (Entered: 02/09/2006)
57 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Scott M. Lenhart; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 111887 (cdy, ) (Entered: 02/14/2006)
58 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Cracker Barrel Old County Store, Inc., CBOCS W Inc by Megan A. Kelly; Order entered granting leave by Charles R. Norgle Sr. Filing fee $50 paid, receipt number 10924963 (cdy, ) (Entered: 02/14/2006)
48 RESPONSE PLAINTIFF EEOC'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL CLASS MEMBERS' DEPOSITIONS, CERTIFICATE OF SERVICE AND NOTICE OF FILING (Smason, Diane) (Entered: 02/10/2006)
49 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBRL Group, Inc., CBOCS W Inc for sanctions and to Reconvene Depositions (Attachments: # 1 Defendants' Brief in Support of Motion to Reconvene Depositions and For Sanctions# 2 Certificate of Consultation# 3 Exhibit 1 - 2/6 letter from D. Gevertz to EEOC# 4 Exhibit 2 - 2/7 letter from D. Gevertz to EEOC# 5 Exhibit 3 - 2/9 letter from P. Moore-Gibbs to D. Gevertz# 6 Exhibit 4 - 2/10 email between J. Swartz and P. Moore-Gibbs# 7 Exhibit 5 - email between J. Swartz and P. Moore-Gibbs# 8 Exhibit 6 - email between J. Swartz and P. Moore-Gibbs# 9 Certificate of Service)(Gevertz, David) (Entered: 02/10/2006)
50 NOTICE of Motion by David E. Gevertz for presentment of motion for sanctions,, 49 before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Gevertz, David) (Entered: 02/10/2006)
51 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel , for Leave to Serve Subpoenas, and For Sanctions (Attachments: # 1 Defendants' Brief in Support of Motion for Leave to Serve Subpoenas Duces Tecum, to Compel, and for Sanctions# 2 Certificate of Consultation# 3 Exhibit 1 - 2/8/2006 letter from D. Gevertz to J. Calhoun# 4 Exhibit 2 - email from J. Swartz to P. Moore-Gibbs and J. Calhoun# 5 Certificate of Service)(Gevertz, David) (Entered: 02/10/2006)
52 NOTICE of Motion by David E. Gevertz for presentment of motion to compel, 51 before Honorable Morton Denlow on 2/14/2006 at 10:00 AM. (Gevertz, David) (Entered: 02/10/2006)
60 MINUTE entry before Judge Charles R. Norgle Sr.: Defendant's motion to compel class members depositions [48-1] is granted over EEOC's objections filed 2/13/06. Additionally, date for filing the final pretrial order is enlarged from 2/28/06 to 3/14/06. It is so ordered. Mailed notice (cdy, ) (Entered: 02/15/2006)

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02/14/2006 02/14/2006 02/14/2006 02/14/2006 02/14/2006
02/17/2006 02/23/2006 02/23/2006

53 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc for summary judgment (Attachments: # 1 Statement of Undisputed Material Facts in Support of Motion for Summary Judgment# 2 Affidavit Michael Zylstra# 3 Brief in Support of Motion for Summary Judgment)(Gevertz, David) (Entered: 02/14/2006)
54 NOTICE of Motion by David E. Gevertz for presentment of motion for summary judgment, 53 before Honorable Charles R. Norgle Sr. on 2/24/2006 at 09:30 AM. (Gevertz, David) (Entered: 02/14/2006)
55 MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to dismiss (Attachments: # 1 Brief in Support of Motion to Dismiss# 2 Exhibit AValerie Sucich Charge# 3 Exhibit B- Determination on Sucich Charge# 4 Exhibit C- Hubbard EEOC Charge# 5 Exhibit D- Determination on Hubbard Charge# 6 Exhibit E- Bloomington Charges# 7 Exhibit F- Bloomington Determinations)(Gevertz, David) (Entered: 02/14/2006)
56 NOTICE of Motion by David E. Gevertz for presentment of motion to dismiss, 55 before Honorable Charles R. Norgle Sr. on 2/24/2006 at 09:30 AM. (Gevertz, David) (Entered: 02/14/2006)
59 MINUTE entry before Judge Morton Denlow : Status hearing held. Motion hearing held. Defendants' motion to compel class members' depositions 47 is denied, however, Philip Carter and Judith Zopf are barred from testifying to events beyond those described in their deposition. Defendants' motion to reconvene depositions and for sanctions 49 is granted in part and denied in part as follows: Valerie Alston is barred from testifying to events beyond those described in her deposition. Defendant is to submit questions and Plaintiff to answer questions in a form of written declarations on or by 2/22/06 as to Anita Grant-Leigh. Kimberly Waterstraat is to reappear for an additional deposition not to exceed 1 hour. Defendants' motion for leave to serve subpoenas duces tecum, to compel, and for sanctions 51 is granted in part and denied in part. Plaintiffs are to produce documents and computations in support of claim for back-pay on or by 2/23/06 or be barred from seeking back-pay damages at trial. Status hearing set for 2/28/06 at 10:00 a.m. Motions terminated: MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel Class Members' Depositions47, MOTION by Defendants Cracker Barrel Old County Store, Inc., CBOCS W Inc to compel, for Leave to Serve Subpoenas, and For Sanctions 51, MOTION by Defendants Cracker Barrel Old County Store, Inc., CBRL Group, Inc., CBOCS W Inc for sanctions and to Reconvene Depositions 49 Mailed notice (dmk, ) (Entered: 02/14/2006)
80 MINUTE entry before Judge Charles R. Norgle Sr.: Magistrate Judge's Order of February 14, 2006 [59-1] is stricken, and the District Judge's Order [60-1] will stand. See below. Mailed notice (td, ) (Entered: 10/16/2006)
61 MINUTE entry before Judge Morton Denlow : Status hearing reset to 3/14/2006 at 10:00 AM. on request of the parties. Status hearing set for 2/28/06 is stricken. Mailed notice (dmk, ) (Entered: 02/23/2006)
62 MINUTE entry before Judge Charles R. Norgle Sr.: Enter Agreed Order. Status hearing on defendants' motion to dismiss and motion for summary judgment is reset to 3/10/2006 at 09:30 a.m. The date for filing the final pretrial order is

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02/23/2006 03/02/2006
03/02/2006 03/08/2006
03/08/2006 03/10/2006 03/13/2006
03/13/2006 03/13/2006 04/13/2006 04/13/2006 04/14/2006 05/10/2006 05/19/2006 05/22/2006

extended to and including 3/28/06. Mailed notice (cdy, ) (Entered: 03/02/2006)
63 AGREED ORDER. Signed by Judge Charles R. Norgle Sr. on 2/23/2006.(cdy, ) (RESTRICTED) Modified on 3/2/2006 (tlm). (Entered: 03/02/2006)
64 MINUTE entry before Judge Charles R. Norgle Sr.: Enter Agreed Order. It is ordered that Docket N. 63, [Agreed to] Order entered March 2, 2006 shall be placed under seal and may be viewed only the parties and court personnel. telephoned notice (cdy, ) (Entered: 03/03/2006)
65 AGREED TO ORDER. Signed by Judge Charles R. Norgle Sr. on 3/2/2006.(cdy, ) (Entered: 03/03/2006)
66 MOTION by Plaintiff - U.S. Equal Employment Opportunity Commission to approve consent judgment Agreed Motion for Entry of Consent Decree (Attachments: # 1 Text of Proposed Order Consent Decree)(Calhoun, June) (Entered: 03/08/2006)
67 NOTICE of Motion by June Wallace Calhoun for presentment of motion to approve consent judgment66 before Honorable Charles R. Norgle Sr. on 3/10/2006 at 09:30 AM. (Calhoun, June) (Entered: 03/08/2006)
68 MINUTE entry before Judge Charles R. Norgle Sr.: Motion to approve consent judgment66 is granted. Civil case terminated. Mailed notice (ewf, ) (Entered: 03/10/2006)
69 MINUTE entry before Judge Morton Denlow : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Status hearing set for 3/14/06 is stricken. Judge Morton Denlow no longer referred to the case. (dmk, ) (Entered: 03/13/2006)
70 MINUTE entry before Judge Charles R. Norgle Sr.: Enter Consent Decree. Mailed notice (cdy, ) (Entered: 03/14/2006)
71 CONSENT DECREE. Signed by Judge Charles R. Norgle Sr. on 3/13/2006.(cdy, ) (Entered: 03/14/2006)
72 MOTION by Clyde McLeod to amend (gma, ) (Entered: 04/13/2006)
73 NOTICE of Motion by Clyde McLeod for presentment of MOTION by Clyde McLeod to amend 72 before Honorable Charles R. Norgle Sr. on 5/12/2006 at 09:30 AM. (gma, ) (Entered: 04/13/2006)
74 MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiffs shall respond to pro se Clyde McLeod's motion to amend by 5/15/2006. Defendants shall Reply by 5/22/2006. Mailed notice (cdy, ) (Entered: 04/19/2006)
75 RESPONSE to McLeod's Motion to Amend Consent Decree (Attachments: # 1 Notice of Filing # 2 Certificate of Service)(Moore-Gibbs, Pamela) (Entered: 05/10/2006)
77 RESPONSE by Unknown Clyde McLeod to EEOC's response. (cdy, ) (Entered: 05/23/2006)
76 RESPONSE by Cracker Barrel Old County Store, Inc., CBOCS W Inc in Opposition to MOTION to amend/correct72 the Consent Decree (Gevertz,

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07/12/2006 07/24/2006

David) (Entered: 05/22/2006)
78 TRANSCRIPT of Proceedings before Judge Morton Denlow held on 1/6/06 (Volumes 1). (gcy, ) (Entered: 07/17/2006)
79 MINUTE entry before Judge Charles R. Norgle Sr.: Before the court is Clyde McLeod's motion to amend the Consent Decree 72 is denied. For the following reasons, the motion is denied. (For further details see text below). Mailed notice (ar, ) (Entered: 07/27/2006)

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 Cracker Barrel to Pay $2 Million for Race and Sexual Harassment at Thr...

http://eeoc.gov/press/3-10-06b.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE March 10, 2006

CONTACT: John C. Hendrickson EEOC Regional Attorney (312) 353-8551

Diane Smason EEOC Supervisory Trial Attorney (312) 353-7526

TTY:

June Wallace Calhoun EEOC Trial Attorney (312) 353-7259 (312) 353-2421

CRACKER BARREL TO PAY $2 MILLION FOR RACE AND SEXUAL HARASSMENT AT THREE ILLINOIS RESTAURANTS
EEOC Settles Major Suit for 51 Employees In Bloomington, Mattoon and Matteson
CHICAGO - Federal District Judge Charles R. Norgle, Sr. today entered a $2 million consent decree resolving a workplace discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) challenging sexual and racial harassment and retaliation at Cracker Barrel restaurants in Bloomington, Mattoon, and Matteson, Illinois, under Title VII of the Civil Rights Act of 1964 (EEOC v. Cracker Barrel Old Country Store, Inc. and CBOCS West, Inc., N.D. Illinois No.04-C-5273).
Under the terms of the consent decree, 51 current or former employees at the three Cracker Barrel restaurants will share in the $2 million settlement fund. Additionally, Cracker Barrel will be required to train all employees at those stores regarding harassment, to post a notice regarding the outcome of the lawsuit, and to periodically report any complaints it receives about sex or race discrimination to the EEOC. The decree also prohibits Cracker Barrel from retaliating against
employees for complaining about illegal harassment or accepting benefits under the decree.
"These are exactly the types of systemic workplace discrimination that Title VII of the Civil Rights Act prohibits some of it obvious, some more subtle and that is what drove the EEOC's litigation of this case and what makes a $2 million consent decree appropriate," said the EEOC's Chicago District Regional Attorney John Hendrickson. "We are optimistic that the terms of the consent decree will effect positive change at Cracker Barrel and that the ability to enforce the decree will make those changes stick."
One of the women who will share in the settlement fund, Jean Burris, a former server the Bloomington restaurant said, "I hope by speaking up and taking a stand together that positive change and equality of treatment in the workplace will follow."
John Rowe, director of the EEOC's Chicago District Office, led the agency's administrative investigation of the charges of discrimination underlying the lawsuit; that investigation resulted in a finding that there was "reasonable cause" to believe the company had violated federal law. The EEOC filed the lawsuit on August 11, 2004, after efforts to resolve the matter through its voluntary conciliation process proved futile. On February 14, 2006, U.S. Magistrate Judge Morton Denlow rejected a series of motions brought by Cracker Barrel, clearing the way for a jury trial in the event a settlement were not reached.
EEOC Supervisory Trial Attorney Diane Smason and Trial Attorneys Pamela Moore-Gibbs and June Calhoun headed the agency's litigation of the case. Moore-Gibbs said, "This case was exhaustively and expensively litigated dozens and dozens of depositions were taken. In the end, the accumulated testimony of the employees was to the effect that Cracker Barrel employees at the three restaurants were subjected to unwelcome and offensive sexual comments and touching from male co- workers and managers, and that complaints about it to management were not taken seriously."
EEOC Trial Attorney Calhoun added, "But this case wasn't just about sexual harassment it was also very clearly about race. Black employees said that they experienced racially charged language in the workplace, including 'spear chucking porch monkey,' 'you people,' 'ghetto' and the 'n-word.' They said that the discrimination they experienced took other forms as well, including being required to wait on African American customers when white servers refused to do so, and being assigned to work in smoking sections."
According to Cracker Barrel's Internet web site (www.crackerbarrel.com), the company which started out in 1969 in Lebanon, Tennessee currently has over 525 stores in more than 40 states. It employs more than 45,000 workers. For fiscal year 2005, Cracker Barrel reported revenues of $2.6 billion and net income in excess of $126 million, with average annual sales of over $3.3 million per restaurant. Cracker Barrel also operates more than 120 Logan's

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http://eeoc.gov/press/3-10-06b.html

Roadhouse restaurants in more than 15 states.
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin, the EEOC enforces Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments; the Age Discrimination in Employment Act, which protects individuals who are 40 years of age or older; the Equal Pay Act; the Rehabilitation Act of 1973's prohibitions against discrimination affecting individuals with disabilities in the federal sector; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on March 10, 2006.

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5/25/2007 2:38 PM

 
 EEOC Sues Cracker Barrel for Sex Bias and Racial Harassment

http://www.eeoc.gov/press/8-11-04.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE August 11, 2004

CONTACT: Pamela Moore-Gibbs EEOC Trial Attorney (312) 886-9120
TTY: (312) 353-2421
Diane Smason Supervisory Trial Attorney (312) 353-7526
John Hendrickson EEOC Regional Attorney (312) 353-8551

EEOC SUES CRACKER BARREL FOR SEX BIAS AND RACIAL HARASSMENT

Federal Agency Lawsuit Based Upon Charges Filed by 10 Employees Against 'Family' Restaurants in Matteson, Mattoon and Bloomington, Illinois
CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today filed a sexual and racial harassment class lawsuit in federal court here against Cracker Barrel Old Country Store, Inc., CBRL Group, Inc., and CBOCS West, Inc. (collectively, "Cracker Barrel").
The EEOC's lawsuit is based upon charges of discrimination filed by 10 workers in three Cracker Barrel restaurants in Matteson, Mattoon, and Bloomington, Illinois, and alleges that the company violated Title VII of the Civil Rights Act of 1964 by subjecting female employees in those locations to sexual harassment and retaliation. The federal agency also alleges that African American employees were harassed and subject to different terms and conditions of employment because of their race.
The EEOC said that its administrative investigation which preceded the lawsuit revealed that the harassment of women at the Cracker Barrel facilities included circulation of pornographic photographs and cartoons, obscene jokes, sexual propositions, groping, and sexual assaults. Managers not only refused to investigate or act upon complaints of harassment, according to EEOC's investigation, they became personally involved in it grabbing female employees, propositioning them, and laughing at their complaints. Calls to Cracker Barrel's "1-800 hotline," established to receive complaints, went unanswered.
The investigation also revealed that an obscene cartoon depicting a African American employee was circulated in the Bloomington Cracker Barrel and that there were continuous race-based comments referring to the employee as "black and lazy" and one whose "people like to eat turnip greens." Comments were made to the effect that African Americans expected others to take care of their children. When some white servers objected to waiting on black customers, Cracker Barrel management assigned the black employee to do it.
The EEOC Regional Attorney in Chicago, John Hendrickson, said: "Cracker Barrel markets itself as a wholesome family restaurant a general store reminiscent of the old time values of small town and rural America. But this case involving three different and widely dispersed restaurants suggests that life behind the scenes at these Cracker Barrels was something different, something seamy, untoward and oppressive and illegal."
Hendrickson continued: "The objectives of EEOC's lawsuit will be to obtain fair compensation for all the victims of Cracker Barrel's discrimination and, equally important, to put injunctive measures in place sufficient to permanently clean-up what has been going on."
The EEOC lawsuit, captioned EEOC v. Cracker Barrel Old Country Store, Inc., CBRL Group, Inc., and CBOCS West, Inc., N.D. Illinois No. 04-C-5273, and assigned to District Judge Charles R. Norgle, Sr., was filed after the agency's efforts to resolve the matter through its voluntary conciliation process proved futile.
John Rowe, Director of the EEOC Chicago District Office, said: "What we know already that we have charges of discrimination from 10 separate people, that three separate restaurants in three separate cities are involved, and that management seems to have been unresponsive in every case suggests to us that we are looking at a widespread and serious problem. Cracker Barrel is not a small employer and this is not going to be a little case. But this office has deep experience in dealing wi

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EEOC Sues Cracker Barrel for Sex Bias and Racial Harassment

http://www.eeoc.gov/press/8-11-04.html

th major employment discrimination cases and we look forward to a positive result in this one."
According to Cracker Barrel's Internet web site, the company which started out in 1969 in Lebanon, Tennessee currently has over 500 stores in 41 states and plans to open new ones at a rate of 20 stores per year. It employs more than 45,000 workers. For fiscal year 2003, Cracker Barrel reported revenues of $2.2 billion and net income of $106.5 million, with average annual sales of over $3 million per restaurant. Cracker Barrel also operates more than 100 Logan's Roadhouse restaurants in 17 states.
EEOC Trial Attorney Pamela Moore-Gibbs noted, "Whatever its image, Cracker Barrel is no 'mom 'n pop' operation. This is an enormous, highly sophisticated national marketing operation. That Cracker Barrel seems to have been so wide of the mark in complying with federal laws prohibiting employment discrimination suggests how persistent sex and race discrimination remain."
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin, the EEOC enforces Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments; the Age Discrimination in Employment Act, which protects individuals who are 40 years of age or older; the Equal Pay Act; the Rehabilitation Act of 1973's prohibitions against discrimination affecting individuals with disabilities in the federal sector; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on August 11, 2004.

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