U.S. Equal Employment Opportunity Commission v. R & G Endeavors, Inc.

On May 23, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Plaintiff”), represented by Gwendolyn Young Reams, Gregory Gochanour, Justin Mulaire, Miles Shultz, and Greger Calhan of the EEOC, filed a civil action lawsuit against R & G Endeavors, Inc. d/b/a Culvers Restaurants of Cottage Grove (“Defendant”), seeking a permanent injunction with damages for alleged unlawful employment practices on the bases of race and sex in violation of Title VII of the Civil Rights Act. This case was filed in the U.S. District Court for the District of Minnesota, with Judges Patrick J. Schiltz and Leo I. Brisbois presiding.

In the complaint, the plaintiff alleged, “This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (‘Title VII’), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices on the bases of race and sex (including sexual orientation) and provide appropriate relief to aggrieved individuals who were adversely affected by such practices.”

The plaintiff further alleged, “As alleged, R & G Endeavors, Inc., doing business as Culver’s Restaurants of Cottage Grove (‘Defendant’ or ‘R & G’) discriminated against one of its employees (‘Aggrieved Individual’) when it subjected him to a hostile work environment and constructively discharged him based on race and sexual orientation, in violation of Title VII.”

Plaintiff then alleged, “The Commission further alleges that Defendant discriminated against a group of female employees at Defendant’s restaurant in Cottage Grove, Minnesota, by subjecting them to sexual harassment, in violation of Title VII.”

The plaintiff also alleged, “On June 23, 2022, the Commission issued to Defendant a Letter of Determination finding reasonable cause to believe that Defendant violated Title VII by (1) discriminating against the Aggrieved Individual on the basis of race and sex (sexual orientation) by subjecting him to a hostile work environment and constructively terminating his employment, and (2) discriminating against a group of female employees, because of their sex, by subjecting them to sexual harassment. The Commission invited Defendant to join with the EEOC in informal methods of conciliation to endeavor to eliminate the discriminatory practices and provide appropriate relief. The Commission engaged in communications with Defendant to provide it with the opportunity to remedy the discriminatory practices described in the Letter of Determination. The Commission was unable to secure from Defendant a conciliation agreement acceptable to the Commission. On September 9, 2022, the Commission issued Defendant a Notice of Failure of Conciliation.”

Plaintiff presented one claim for relief for alleged unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1).

In the prayer for relief, the plaintiff requested a judgment for permanent injunctive relief, enjoining the defendant from engaging in any employment practices which discriminate on the basis of race in violation of Title VII. The plaintiff also requested an order to make whole the aggrieved individual by providing appropriate backpay, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, reinstatement or front pay in lieu of reinstatement. The plaintiff further requested an award for punitive damages with pre-judgment interest.

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