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Equal Employment Opportunity Commission v. R Wings R Wild

United States District Court, E.D. Arkansas, Western Division

January 8, 2019

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF
v.
R WINGS R WILD d/b/a BUFFALO WILD WINGS, DEFENDANT

          For 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

          For Defendant ALANA K. AKELS BRENT D. HOCKADAY Bell Nunnally & Martin, LLP David D. Wilson Friday Eldredge & Clark, LLP

          CONSENT DECREE

          BILLY ROY WILSON UNITED STATES DISTRICT JUDGE.

         INTRODUCTION

         Plaintiff 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.

         The 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.

         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, male.

         This 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.

         This 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.

         FINDINGS

         This 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.

         If the 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 DECREED:

         SCOPE AND DURATION OF THIS DECREE

         This 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 charges.

         The 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.

         Upon 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.

         This Decree covers RWRW ‘s operations in Little Rock, Arkansas and Del City, Oklahoma only.

         INJUNCTIVE RELIEF

         RWRW, 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.

         RWRW is enjoined from retaliating against any employee for participating ...


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