United States District Court, E.D. Arkansas, Western Division
Plaintiff JAMES L. LEE Acting General Counsel GWENDOLYN YOUNG
REAMS Associate General Counsel FAYE A. WILLIAMS Regional
Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PAMELA B.
DIXON Senior Trial Attorney
Defendant ALANA K. AKELS BRENT D. HOCKADAY Bell Nunnally
& Martin, LLP David D. Wilson Friday Eldredge &
ROY WILSON UNITED STATES DISTRICT JUDGE.
Equal Employment Opportunity Commission (Commission) and
Defendant R Wings R Wild d/b/a Buffalo Wild Wings (RWRW)
reached an agreement to resolve this case after entering into
settlement negotiations. The Commission and RWRW jointly
submit this Consent Decree (Decree) for the Court's
approval and entry to resolve the claims of sex
discrimination filed under Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e et seq.
Commission, an agency of the United States of America,
enforces federal laws prohibiting discrimination in the
workplace. Title VII of the Civil Rights Act of 1964 (Title
VII) represents one of the federal laws enforced by the
Commission filed this lawsuit on September 28, 2017, to
remedy the alleged unlawful employment practices in violation
of Title VII. The Commission alleges in the Complaint that
RWRW failed to hire David Golden and a class of male
applicants into bartender positions because of their sex,
Decree does not constitute a finding on the merits of the
case and does not constitute an admission by RWRW of the
allegations in the Complaint. The Commission and RWRW have
consented to entry of this Decree to avoid the additional
expense and other burdens that continued litigation of this
case would involve.
Decree constitutes the complete and exclusive agreement
between the Commission and RWRW with respect to the matters
referred to in the Decree. No. waiver, modification, or
amendment of any provision of this Decree shall be effective
unless made in writing. The parties have made no
representations or inducements to compromise this action
other than those recited or referenced in this Decree. The
Commission and RWRW stipulate the terms and conditions of
this Decree serve to effectuate the purposes of Title VII.
Court has jurisdiction over the subject matter of this action
and the parties. After a careful examination of the Decree,
the pleadings, and the record, this Court finds the terms of
this Decree are adequate, fair, reasonable, equitable, and
just. The terms of the Decree also serve the public interest
in eradicating discrimination based on sex. The Decree
furthers the objectives of Title VII and adequately protects
the rights of the Commission, RWRW, Golden and a class of
male applicants, and the public interest.
Court does not approve this Decree, the parties agree not to
admit the Decree into evidence in any subsequent proceeding
in this lawsuit. It is hereby ORDERED, ADJUDGED, AND
AND DURATION OF THIS DECREE
Decree resolves all issues and claims arising out of the
Commission's Complaint which arose from Charge No.
493-2014-01341 filed by Golden. This Decree does not impact
any pending charges, if any, that may currently exist before
the Commission in the United States. Further, this Decree
does not affect the Commission's right to process any
other pending or future charges that any employee may file
against RWRW and to commence civil actions on any such
parties agree the United States District Court for the
Eastern District of Arkansas, Western Division, has
jurisdiction over the Commission and RWRW and the subject
matter of this litigation for the duration of the Decree.
Neither the Commission nor RWRW shall contest the
jurisdiction of this Court to enforce this Decree or the
rights of the Commission to monitor RWRW's compliance
with the Decree and to bring an enforcement action in the
event RWRW fails to comply with the terms of the Decree.
the date the Court enters the Decree, the provisions of this
Decree become immediately effective and binding upon the
parties to this lawsuit for 18 months after the effective
date of this Decree.
Decree covers RWRW ‘s operations in Little Rock,
Arkansas and Del City, Oklahoma only.
its officers, agents, servants, managers, employees, and all
persons in active concert are enjoined from failing to hire
males into bartender positions because of their sex.
enjoined from retaliating against any employee for