Equal Employment Opportunity Commission v. R Wings R Wild LLC

Filing 39

CONSENT DECREE. Signed by Judge Billy Roy Wilson on 1/8/2019. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
v.

PLAINTIFF

4:17cv624-BRW

R WINGS R WILD d/b/a
BUFFALO WILD WINGS,
DEFENDANT
_____________________________________________________________________________
CONSENT DECREE
_____________________________________________________________________________
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.
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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 in any
proceeding under Title VII.
Within 10 days of the entry of this Decree, RWRW will post Attachment A for 18
months at RWRW’s Little Rock, Arkansas and Del City Oklahoma locations in a conspicuous
place that RWRW customarily posts notices to employees. RWRW will continue to
conspicuously post the most recent notice (poster) required by Title VII.
TRAINING
During the duration of this Decree, RWRW will conduct two mandatory training
sessions for management employees at the local and regional levels for the Little Rock,
Arkansas and Del City, Oklahoma locations.
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Prior to each training session, RWRW’s Chief Operating Officer or other high-level
official will appear onsite or via video and announce at the training session to all management
employees that RWRW prohibits sex discrimination in hiring and prohibits sex
discrimination of any kind in the workplace.
RWRW’s Chief Operating Officer or other high-level official will also note that
RWRW will discipline any employee, including terminating any employee, found engaging
in sex discrimination.
RWRW will conduct the first training session within 90 days of the entry of the
Decree for all management employees at the local and regional levels for the Little Rock,
Arkansas and Del City, Oklahoma locations.
RWRW will conduct the second training session within 16 months after entry of the
Decree for all management employees at the local and regional levels for the Little Rock,
Arkansas and Del City, Oklahoma locations.
RWRW will retain a qualified consultant having specialized knowledge of Title VII
sex discrimination and retaliation to conduct a two-hour training session.
Each training session will last two hours and will include the following:
a. a discussion of Title VII of the Civil Rights Act of 1964,
b. a discussion of what constitutes sex discrimination,
c. a discussion of RWRW’s policy against sex discrimination
and examples of sex discrimination that may violate Title VII.
RWRW will maintain proof of attendance for each person trained.
RWRW will notify the Commission of the date, location, and time of the training at
least 30 days prior to the training.

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REPORTING
RWRW will submit to the Commission three reports as follows:
1.

RWRW will provide the first report within 30 days following the first training
session.



the location and date of the training,



the name(s) of the trainer(s), and


2.

the report will contain a copy of the training materials;

the names of the training attendees.

RWRW will provide the second report within nine months after the entry of
the Decree. The report will contain:


the names of all applicants for bartender at the Little Rock, Arkansas
and Del City, Oklahoma locations; and



the name and hire date of any males hired and/or promoted from
within into bartender positions at the Little Rock, Arkansas location
and the Del City, Oklahoma location.

3.

RWRW will provide the third report within 17 months after the entry of the
Decree. The report will contain:


the names of all applicants for bartender at the Little Rock, Arkansas
and Del City, Oklahoma locations; and



the name and hire date of any males hired and/or promoted from
within into bartender positions at the Little Rock, Arkansas location
and the Del City, Oklahoma location.

4.

RWRW

will

submit

the

report

to

EEOC-MEDO-decree-

[e-mail] with a statement by RWRW that it submits the report
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as required by this Decree.
INDIVIDUAL AND CLASS RELIEF
To resolve this matter, RWRW will pay a total of $30,000 in damages to three
claimants. The Commission will provide RWRW with the names, addresses, and monetary
amounts following the entry of the Decree. RWRW will mail cashier’s checks or business
checks to the claimants within 45 days after the entry of the Decree. RWRW will issue 1099
forms to the claimants for the monetary amounts paid to them.
Late payment of the checks will be subject to the accrual of interest pursuant to 28
U.S.C. § 1961.
RWRW will email photocopies of the front and back of all checks issued to the
claimants to [e-mail].
NOTIFICATION OF SUCCESSORS
RWRW will provide prior written notice to any potential purchaser of RWRW’s
business, a purchaser of all or a substantial portion of RWRW’s assets, or to any other
potential successor, of the Commission’s lawsuit and the existence and contents of the
Decree. Any surviving entities that exist upon completion of the acquisition, merger, or
consolidation will remain fully liable for compliance with this Decree.
ENFORCEMENT
If RWRW fails to comply with the terms of this Decree, in whole or in part, the Commission has
a right to enforce the obligations under the Decree. The Commission will provide 10 days’
notice to RWRW of any deficiency in complying with the terms of the Decree. If the parties are
unable to reach agreement regarding resolution of any such deficiency in RWRW’s compliance
with the terms of the Decree, the Commission will then have the option of petitioning the Court
for relief. Any notice by the Commission regarding and deficiency of the Decree will be emailed
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to Jeromy Howard at [e-mail] and sent by regular mail to Jeromy
Howard, 8045 SW 36th St., Oklahoma City OK 73179.
MISCELLANEOUS PROVISIONS
This Decree becomes effective immediately upon entry by the Court and remains in effect
for 18 months after the Effective Date.
If the Court finds any provision of this Decree unlawful, the Court will sever only such
provision and the remainder of the Decree will remain in full force and effect.
Each party will bear its own costs, attorneys’ fees, and expenses.
IT IS SO ORDERED this 8th day of January 2019.
/s/ Billy Roy Wilson ________________
UNITED STATES DISTRICT JUDGE
APPROVED FOR ENTRY BY THE PARTIES:
For Plaintiff

For Defendant

JAMES L. LEE
Acting General Counsel

GWENDOLYN YOUNG REAMS
Associate General Counsel

/s/Alana K. Akels_____
ALANA K. AKELS
BRENT D. HOCKADAY
Bell Nunnally & Martin, LLP
2323 Ross Ave. Ste. 1900
Dallas, TX 75201
[phone]
[e-mail]

/s/Faye A. Williams
FAYE A. WILLIAMS
Regional Attorney

David D. Wilson
Friday Eldredge & Clark, LLP
400 West Capitol, Ste 2000
Little Rock, AR 72201
[phone]

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Memphis District Office
1407 Union Avenue, Suite 900
7 

Memphis, TN 38104
[phone]
/s/Pamela B. Dixon________
PAMELA B. DIXON
Senior Trial Attorney
AR Bar No. 95085
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
820 Louisiana Street, Suite 200
Little Rock, AR 72201
[phone]
[e-mail]

8 

ATTACHMENT A
NOTICE
1.

RWRW has agreed to post this notice for two years to reinforce the company’s
commitment to Title VII.

2.

RWRW has agreed to conduct training at its Del City, Oklahoma location and its Little
Rock, Arkansas location on the prevention of sex discrimination in hiring and employment.

3.

RWRW is committed to complying with Title VII.

4.

RWRW will not take any action against employees because they have exercised their rights
under the law by filing charges with the EEOC and/or testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under Title VII.

5.

If you believe you have been discriminated against because of sex or retaliated against,
please follow the complaint procedures set forth in the employee handbook. You may also
contact the EEOC at www.eeoc.gov

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This notice must remain posted for 18 months from the date below and must not be altered,
defaced, or covered by any other postings.

______________________________________
JEROMY HOWARD

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__________
DATE