UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
BRINKER INTERNATIONAL, INC., 6820 LBJ Freeway, Suite 200 Dallas, Texas 75240
and
CHILI’S OF MARYLAND, INC., 1123 N. Eutaw Street Baltimore, MD 21201
and
CHILI’S OF BEL AIR, INC., 1123 N. Eutaw Street Baltimore, MD 21201
Defendants.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (“Title VII”) and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A, to correct unlawful employment practices based on sex and retaliation and to make whole Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle and other female employees of

Defendants. As discussed in more detail below, the aforementioned female employees were subjected to a sexually hostile work environment by Defendants’ Assistant Manager Jim Smith (“Smith”). In addition, Dorris was discharged by Defendants for opposing employment practices made unlawful by Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1), (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Maryland, Northern Division. 3. Plaintiff, the Equal Employment Opportunity Commission (the “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 (f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Brinker International Inc. (“Defendant Brinker”) has continuously been and is now a Delaware corporation doing business in the State of Maryland and the City of Bel Air, and has at least fifteen employees. 5. At all relevant times, Defendant Brinker has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h).
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6. At all relevant times, Defendant Chili’s of Maryland, Inc. (“Defendant Chili’s of Maryland”) has continuously been and is now a Maryland corporation doing business in the State of Maryland and the City of Bel Air, and has at least fifteen employees.
7. At all relevant times, Defendant Chili’s of Maryland has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h).
8. At all relevant times, Defendant Chili’s of Bel Air, Inc. (“Defendant Chili’s of Bel Air”) has continuously been and is now a Maryland corporation doing business in the State of Maryland and the City of Bel Air, and has at least fifteen employees.
9. At all relevant times, Defendant Chili’s of Bel Air has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Barbara Dorris, Ashley Barranco, and Meredith Boyle filed charges with the Commission alleging violations of Title VII by Defendant Brinker. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. More than thirty days prior to the institution of this lawsuit, Barbara Dorris, Ashley Barranco, and Meredith Boyle filed charges with the Commission alleging violations of Title VII by Defendant Chili’s of Maryland. All conditions precedent to the institution of this lawsuit have been fulfilled. 12. More than thirty days prior to the institution of this lawsuit, Barbara Dorris, Dana
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Heusler, Ashley Barranco, and Meredith Boyle filed charges with the Commission alleging violations of Title VII by Defendant Chili’s of Bel Air. All conditions precedent to the institution of this lawsuit have been fulfilled.
13. Since at least late 2000, Defendant Brinker has engaged in unlawful employment practices at its Bel Air, Maryland restaurant, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(1) and 2000e-3(a). The practices include the following:
a. Subjecting Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle and other female employees to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Assistant Manager Jim Smith (“Smith”). Incidents of harassment committed by Smith against female employees and condoned by Defendant include, but are not limited to, rubbing his erect penis against their buttocks and lower backs, grabbing their breasts, rubbing their shoulders and necks, placing his hands on their hips and lower backs, and making inappropriate comments of a sexual nature, such as talking about the size of the breasts of female employees and customers, telling an employee she was the “right height for sex,” and describing in detail what he “liked to do to women.”
b. Retaliating against Barbara Dorris for her complaints of sexual harassment by terminating her employment.
14. Since at least late 2000, Defendant Chili’s of Maryland has engaged in unlawful employment practices at its Bel Air, Maryland restaurant, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(1) and 2000e-3(a). The practices include the following:
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a. Subjecting Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle and other female employees to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Assistant Manager Jim Smith (“Smith”). Incidents of harassment committed by Smith against female employees and condoned by Defendant include, but are not limited to, rubbing his erect penis against their buttocks and lower backs, grabbing their breasts, rubbing their shoulders and necks, placing his hands on their hips and lower backs, and making inappropriate comments of a sexual nature, such as talking about the size of the breasts of female employees and customers, telling an employee she was the “right height for sex,” and describing in detail what he “liked to do to women.”
b. Retaliating against Barbara Dorris for her complaints of sexual harassment by terminating her employment.
15. Since at least late 2000, Defendant Chili’s of Bel Air has engaged in unlawful employment practices at its Bel Air, Maryland restaurant, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(1) and 2000e-3(a) The practices include the following:
a. Subjecting Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle and other female employees to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Assistant Manager Jim Smith (“Smith”). Incidents of harassment committed by Smith against female employees and condoned by Defendant include, but are not limited to, rubbing his erect penis against their buttocks and lower backs, grabbing their breasts, rubbing their shoulders and necks, placing his hands on their hips and lower backs, and making inappropriate comments of a sexual nature, such as talking about
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the size of the breasts of female employees and customers, telling an employee she was the “right height for sex,” and describing in detail what he “liked to do to women.”
b. Retaliating against Barbara Dorris for her complaints of sexual harassment by terminating her employment.
16. The unlawful employment practices complained of in paragraphs 13, 14, and 15 were intentional.
17. The unlawful employment practices complained of in paragraphs 13, 14, and 15 were done with malice or with reckless indifference to the federally protected rights of Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle and other female employees.
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Brinker, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and from engaging in retaliation against employees who oppose practices made unlawful by Title VII; B. Grant a permanent injunction enjoining Defendant Chili’s of Maryland, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and from engaging in retaliation against employees who oppose practices made unlawful by Title VII; C. Grant a permanent injunction enjoining Defendant Chili’s of Bel Air, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and from engaging in retaliation against employees who oppose practices made unlawful by Title VII;
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D. Order Defendant Brinker to institute and carry out policies, practices, and programs which eradicate sexual harassment and retaliation, and prevent sexual harassment and retaliation from occurring in the future, and which eradicate the effects of past and present sexual harassment and retaliation;
E. Order Defendant Chili’s of Maryland to institute and carry out policies, practices, and programs which eradicate sexual harassment and retaliation, and prevent sexual harassment and retaliation from occurring in the future, and which eradicate the effects of past and present sexual harassment and retaliation;
F. Order Defendant Chili’s of Bel Air to institute and carry out policies, practices, and programs which eradicate sexual harassment and retaliation, and prevent sexual harassment and retaliation from occurring in the future, and which eradicate the effects of past and present sexual harassment and retaliation;
G. Order Defendant Brinker to reinstate Barbara Dorris to her rightful place position; H. Order Defendant Chili’s of Maryland to reinstate Barbara Dorris to her rightful place position; I. Order Defendant Chili’s of Bel Air to reinstate Barbara Dorris to her rightful place position; J. Order Defendant Brinker to make whole Barbara Dorris by providing appropriate back pay with prejudgment interest and front pay in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; K. Order Defendant Chili’s of Maryland to make whole Barbara Dorris by providing appropriate back pay with prejudgment interest and front pay in amounts to be determined at
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trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
L. Order Defendant Chili’s of Bel Air to make whole Barbara Dorris by providing appropriate back pay with prejudgment interest and front pay in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
M. Order Defendant Brinker to make whole Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle, and other female employees by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
N. Order Defendant Chili’s of Maryland to make whole Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle, and other female employees by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
O. Order Defendant Chili’s of Bel Air to make whole Barbara Dorris, Dana Heusler, Ashley Barranco, Meredith Boyle, and other female employees by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
P. Order Defendant Brinker to pay to Barbara Dorris, Dana Heusler, Ashley Barranco, and Meredith Boyle and other female employees punitive damages for its callous indifference to their federally protected right to be free from sexual harassment in the workplace;
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Q. Order Defendant Chili’s of Maryland to pay to Barbara Dorris, Dana Heusler, Ashley Barranco, and Meredith Boyle and other female employees punitive damages for its callous indifference to their federally protected right to be free from sexual harassment in the workplace;
R. Order Defendant Chili’s of Bel Air to pay to Barbara Dorris, Dana Heusler, Ashley Barranco, and Meredith Boyle and other female employees punitive damages for its callous indifference to their federally protected right to be free from sexual harassment in the workplace;
S. Grant such further relief as the Court deems proper; and T. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
GERALD S. KIEL Regional Attorney
DEBRA M. LAWRENCE Supervisory Trial Attorney
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MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357 MARIA SALACUSE Trial Attorney Federal Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341 (phone) (410) 962-4270 (fax)
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 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

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_ENiERfO

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JUL 2~ 2004

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. BRINKER INTERNATIONAL, INC., et. al.
Defendants.

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Civil Action No. RDB-04-1834

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CONSENT DECREE

This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity

Commission (th(~ "EEOC" or the "Commission"), against Defendants Brinker International, Inc.,

Chili's ofMaryhmd, Inc., and Chili's of Bel Air, Inc., ("Defendants"), alleging that Defendants

violated of Sections 703(a) and 704(a) of Title Vll of the Civil Rights Act of 1964 ("Title Vll"),

42 U.S.c. Section 2000e-2(1) and 2000e-3(a), by subjecting Barbara Dorris, Dana Heusler,

Ashley Barranco, Meredith Boyle and other female employees to a sexually hostile and

offensive work environment and by discharging Barbara Dorris in retaliation for her sexual

harassment complaints. Defendants deny these allegations.

The Commission and Defendants desire to resolve this action without the time and

expense ofcontinued litigation, and they desire to formulate a plan to be embodied in a Decree

which will promote and effectuate the purposes of Title VII.

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The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration ofthe record herein and being fully advised in the premises, it is ORDERED, ADruDGED AND DECREED:
Scope of Decree 1. Tins Decree resolves all issues and claims in the Complaint filed by the Commission in tins Title VII action which emanated from the Charges of Discrimination filed by Barbara Dorris, Dana Heusler, Ashley Barranco, and Meredith Boyle. 2. Tins Decree shall be in effect for a period of two years from the date it is entered by the Court. During that time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate the purposes of the Decree. 3. This Decree, being entered with the consent of the EEOC and Defendants, shall not constitute an adjudication or fmding on the merits ofthe case.
Monetary Relief 4. Defendants shall pay $283,000 to resolve this' action. The total shall be distributed as follows: a. Within ten business days of entry of this Decree, Defendants shall pay Charging
Party Barbara Dorris monetary relief in the total amount of $60,000 in compensatory damages. The check will be sent directly to Ms. Dorris, and a photocopy of the check and related correspondence will be mailed to the EEOC,
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Baltimore District Office, lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendants will issue to Ms. Dorris a United States Internal Revenue Services Form 1099 for the 2004 tax year for the compensatory damages amounts paid to her. b. Within ten business days of entry of this Decree, Defendants shall pay Charging Party Dana Heusler monetary relief in the total amount of $50,000 in compensatory damages. The check will be sent directly to Ms. Heusler, and a plilotocopy of the check and related correspondence will be mailed to the EEOC, Baltimore District Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendants will issue to Ms. Heusler a United States Internal Revenue S,ervices Form 1099 for the 2004 tax year for the compensatory damages amounts paid to her. c. ·Within ten business days of entry of this Decree, Defendants shall pay Charging Party Ashley Barranco monetary relief in the total amount of $50,000 in compensatory damages. The check will be sent directly to Ms. Barranco, and a photocopy ofthe check and related correspondence will be mailed to the EEOC, Baltimore District Office, lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendants will issue to Ms. Barranco a United States Internal Revenue SI~rvices Form 1099 for the 2004 tax year for the compensatory damages amounts paid to her.
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d. Within ten business days of entry of this Decree, Defendants shall pay Charging Party Meredith Boyle monetary relief in the total amount of $50,000 in compensatory damages. The check will be sent directly to Ms. Boyle, and a photocopy of the check and related correspondence will be mailed to the EEOC, Baltimore District Office, lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendants will issue to Ms. Boyle a United States Internal Revenue Services Form 1099 for the 2004 tax year for the compensatory damages amounts paid to her.
e. \Vithin ten business days of entry ofthis Decree, Defendants shall pay Charging Parties' counsel of record, Kramon & Graham, P.A., $33,000 representing attorneys' fees. The check will be sent directly to Kramon & Graham, P.A., One South Street, Suite 2600, Baltimore, Maryland 21202-3201, and a photocopy of the check will be mailed to the EEOC, Baltimore District Office, lOS. Howard Slreet, 3rd Floor, Baltimore, Maryland 21201.
f. Defendants shall pay the amount of $40,000 to be distributed to Eligible Claimants as defined in Paragraph 5 below and whose names, current addresses, and amounts payable to each will be furnished by the Commission to Defendants within 90 calendar days of the date of entry ofthe Consent Decree. All ofthe monetary relief paid to the Eligible Claimants pursuant to this Decree is acknowledged to be compensatory damages under Title VII.
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Relief to "Eligible Claimants" 5. "Eligible Claimants" are defined as all female employees who worked with and/or under the supervision of Assistant Manager Jim Smith at Defendants' Bel Air facility during the period of March 2001 through January 2003 and who the Commission determines were subjected to inappropriate comments and touching of a sexual nature by Mr. Smith during the course oftheir employment. 6. V{ithin five business days of the date of entry ofthe Consent Decree, Defendants shall provide the: Commission with a list of the names, social security numbers and last known phone numbers lmd addresses of each female employee who worked with and/or under the supervision of Assistant Manager Jim Smith at Defendants' Bel Air facility. 7. Within ten business days of written notice by the Commission, Defendants shall mail all checks directly to each Eligible Claimant at the current address provided by EEOC and will issue United States Internal Revenue Form 1099s.for the 2004 tax year to all Eligible
an Claimants for payments. Within ten business days ofpayment to each Eligible Claimant,
Defendants will submit a copy of each check and related correspondence to the EEOC, Baltimore Distri,ct Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201.
8. Def,endants shall promptly notify the EEOC in writing if any checks issued to Eligible Claimants are returned or are not cashed after a period of thirty calendar days has elapsed after being mailed.
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9. In the event that the Commission detennines that there are no Eligible Claimants or in the event that there is a monetary amount remaining after distribution, Defendants shall distribute the remaining amount to the National Partnership for Women and Families.
Injunctive Relief 10. Defendants, their officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on their behalf are hereby enjoined from sexually harassing, and condoning the sexual harassment of, any employee of Defendants. The prohibited harassment includes the use ofoffensive or derogatory comments, or other verbal or physical conduct based on an individual's sex, which creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work perfonnance. Such sex-based harassment violates Title VII, which, in part, is forth below: It shall b(~ an unlawful employment practice for an employer -(1) to discriminate against any individual with respect to [her] ... tenns, conditions, or privileges of employment, because of such individual's .,. sex .... 42 U.S.C. § 2000e-2(1) Defendants, their officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on their behalf are further enjoined from retaliating against any employee of Defendants who complains of sexual harassment, as set forth in the following provision: It shall b(~ an unlawful employment practice for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. 42 U.S.C. § 2000e-3(a).
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11. Within 90 calendar days after the entry of this Decree, Defendants will provide at least two hours of training on preventing sexual harassment in the workplace for all employees and managers who are still employed at Defendants' Bel Air Chili's Grill & Bar location. Defendants will also provide the same training to the following managers: Michael Lechner, John Roemer, Eric Halfpap, and Mike Tuhy. This training shall be conducted by either Susan Sandidge or Ella Namksy who are attorneys with the Brinker Legal Department. Defendants will obtain prior approval from the EEOC of the materials to be used and topics to be discussed during the training. Within ten business days ofproviding such training sessions, Defendants will furnish EEOC with a signed attendance list, the date and duration of the training, an outline of the training conducted, and a certification of completiori of the mandatory training.
Notice Posting 12. Within ten business days after entry of this Decree, Defendants will post the Notice attached hereto in all places where notices to employees are customarily posted at Defendants' Bel Air Chili's Grill & Bar location. The Notice shall be posted and maintained for the duration of the Decree and shall be signed by the Defendant Brinker International's President and CEO, Douglas H. Brooks, with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendants will ensure that new readable copies of the Notice are posted in the same manner as heretofore specified. Within thirty calendar days of entry ofthe Decree, Defendants shall forward to the EEOC's Baltimore District Office, a copy of the signed Notice and written certification that the Notice referenced herein has been posted and a statement of the locations and dates ofposting.
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Re.porting 13. Every 90 days following the entry of this Consent Decree, and continuing throughout the life of the Decree, Defendants will report in writing to the Commission's counsel of record concerning the implementation of this Decree. The report will include the following information: Copies of any formal or informal complaints of sexual harassment made by any employet~ who works at Defendants' Bel Air Chili's Grill & Bar location, including but not limited to internal complaints, administrative charges, and lawsuits, and for every complaint, whether oral or written, the name of the complainant, and a detailed explanation of Defendants' actions taken in response to the complaint, including any investigative and corrective measures taken. 14. The Commission and Defendants shall bear their own costs and attorneys' fees. 15. The undersigned counsel of record in the above-captioned action hereby consent, on behalfof their respective clients, to the entry of the foregoing Consent Decree.
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FOR DEFEND.ANTS:

FOR PLAINTIFF:

Whiteford, Taylor & Preston Seven Saint Paul Street Baltimore, MD 21202-1626

Supervisory Trial Attorney

Maria Salacuse, Trial Attorney
Equal Employment Opportunity Commission
Baltimore District Office 10 South Howard Street, 3rd Floor Baltimore, MD 21201

SO OR])ERED.

Signed and entered this

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day

of

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2004.

Richard D. Bennett United States District Judge

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This Notice is being posted as part ofan agreement between the Equal Employment Opportunity Commission ("EEOC") and Brinker International, Inc., Chili's ofMaryland, Inc., and Chili's ofBel Air, Inc. ("Chili's) which outlines Chili's obligations under Title VII ofthe Civil Rights Act of 1964, as amended.
Title VII prohibits employment discrimination based on sex, race, color, national origin, or religion. Unlawful discrimination can take the form of harassment based on one of these protected categories. Title VII also prohibits retaliation against individuals who have complained of or opposed discrimination.
Brinker International and Chili's WILL NOT engage in any acts or practices made unlawful under Title VII.
Brinker International and Chili's WILL NOT tolerate sexually offensive comments or conduct in the workplace.
Brinker International and Chili's WILL NOT retaliate against any individual for complaining of or opposing discrimination.

Brinker International and Chili's policy strongly urges those persons who believe that they have been subjected to unlawful harassment to report it to a manager, General Manager, Area Director or the company's Director ofHuman Resources. The Director of Human Resources may be reached at 1-888-224-7484 All complaints will be responded to promptly and appropriately.
If you have a complaint of employment discrimination or questions regarding laws prohibiting employment discrimination, you may seek assistance from the EEOC by visiting the EEOC's Baltimore District Office at 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201 or by calling (410) 962-3932. General information may also be obtained on the Internet at www.eeoc.gov.
Douglas H. Brooks President & CEO Brinker International, Inc.
Date Posted:

 
 District of Maryland (CM/ECF Live 3.1.2)

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?955980272081181-L_1...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04-cv-01834-RDB

CLOSED

Equal Employment Opportunity Commission v. Brinker International, Inc. et al Assigned to: Judge Richard D Bennett Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/14/2004 Date Terminated: 07/28/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, MD 21201 14102092733 Fax: 14109624341 Email: maria.salacuse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817 ATTORNEY TO BE NOTICED

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District of Maryland (CM/ECF Live 3.1.2)
V. Defendant Brinker International, Inc.
Defendant Chili's of Maryland, Inc. Defendant Chili's of Belair, Inc.

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?955980272081181-L_1...
Maria Luisa Morocco US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092730 Fax: 14109624270 Email: maria.morocco@eeoc.gov ATTORNEY TO BE NOTICED
represented by Melissa Menkel Shorey Whiteford Taylor and Preston LLP Seven Saint Paul St Ste 1400 Baltimore, MD 21202-1626 14103478700 Fax: 14107527092 Email: mshorey@wtplaw.com ATTORNEY TO BE NOTICED
represented by Melissa Menkel Shorey (See above for address) ATTORNEY TO BE NOTICED
represented by Melissa Menkel Shorey (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/14/2004
06/14/2004 06/14/2004 07/21/2004

# Docket Text
1 COMPLAINT against Brinker International, Inc., Chili's of Belair, Inc., Chili's of Maryland, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 06/14/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 06/14/2004)
2 Summons Issued (20 days) as to Brinker International, Inc., Chili's of Belair, Inc., Chili's of Maryland, Inc.. (ljs, Deputy Clerk) (Entered: 06/14/2004)
3 AFFIDAVIT of Service for Complaint & Summons served on Elinam Renner, The Prentice Hall Corporation System on July 9, 2004, filed by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/21/2004)

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District of Maryland (CM/ECF Live 3.1.2)

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?955980272081181-L_1...

07/21/2004 07/21/2004 07/27/2004 07/28/2004 07/28/2004

4 AFFIDAVIT of Service for Summons and Complaint served on Elinam Renner, Clerk, The Prentice Hall Corporation System on July 9, 2004, filed by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/21/2004)
5 AFFIDAVIT of Service for Summons & Complaint served on Elinam Renner, Clerk, The Prentice Hall Corp. System on July 9, 2004, filed by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/21/2004)
6 NOTICE of Appearance by Melissa Lynn Menkel on behalf of all defendants (Menkel, Melissa) (Entered: 07/27/2004)
7 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/28/2004)
8 CONSENT DECREE and approval. Signed by Judge Richard D Bennett on 7/28/04. (jlb, Deputy Clerk) (Entered: 07/29/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - July 2004

http://www.eeoc.gov/litigation/settlements/settlement07-04.html

EEOC v. Brinker International, Inc., Chili's of MD, Chili's of Bel Air No. RDB-04-1834 (D. Md. July 28, 2004)
In this Title VII suit, the Baltimore District Office alleged that an assistant manager working for defendants (a casual dining restaurant, its affiliate, and parent company) sexually harassed charging parties (four female food servers) and other female employees and then retaliated against one of the women for complaining about the sexual harassment. The harassment included sexual comments and innuendos and unwelcome touching. Invoking the restaurant's sexual harassment policy, the charging parties complained to management 15 times over a 10-month period but the harassment continued. In retaliation for one of the CP's complaints about him, the assistant manager began to schedule her for work on days when she was unavailable. The CP complained but ultimately was terminated for failing to show up for her shift. Several months later, defendant terminated the assistant manager after the father of a 16-year-old female employee complained to management about the assistant manager putting his hands on her breasts and lifting her up.
By a two-year consent decree, defendants are required to pay a total of $283,000 in monetary relief: $243,000 to the four charging parties and $40,000 to eligible claimants (female employees who were supervised and harassed by the assistant manager during the period March 2001 to January 2003) in amounts determined by the EEOC. Defendants are enjoined from sexually harassing or condoning the sexual harassment of its employees, including the use of derogatory comments or physical conduct, and from retaliation. Defendants' attorneys shall provide training on preventing workplace sexual harassment for all managers and employees at the Bel Air, Maryland location, including defendant's area director.

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