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Case 1:11-cv-11732-DJC Document 1

Filed 09/30/11 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________ EQUAL EMPLOYMENT ) OPPORTUNITY COMMISSION, ) ) Civil Action No. 1:11-cv-11732 Plaintiff, ) ) v. ) COMPLAINT ) TEXAS ROADHOUSE, INC., TEXAS ) JURY TRIAL DEMAND ROADHOUSE HOLDINGS LLC, TEXAS ) ROADHOUSE MANAGEMENT CORP., ) ) Defendants. ) ____________________________________)

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to a class of unidentified individuals who were denied employment by Defendants because of their age. As alleged with greater particularity in paragraphs 8(a) through (d) below, statistical, documentary and anecdotal evidence will establish that, nation-wide, Defendants failed to hire employees within the protected age group in violation of the ADEA. As a result of this discriminatory treatment, these unidentified employees have suffered lost wages. JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is also authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b)(the “ADEA”), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the “FLSA”), as amended, 29 U.S.C. §§ 216(c) and 217.

At all relevant times. the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation. 2705. 3781. interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA. Plaintiff. 98 Stat. § 1391(b). 4.. 1 of 1978.. 2 . § 626(b). 29 U.S. §§ 630(b).C.S. 92 Stat. 29 U. the Equal Employment Opportunity Commission (the “Commission”). PARTIES 3. 5. Prior to institution of this lawsuit. 29 U.C.C. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Massachusetts. and have each continuously had at least 15 employees. CONCILIATION 6. and by Public Law 98-532 (1984). have continuously been corporations doing business in the Commonwealth of Massachusetts and locations throughout the United States. § 626(d). Defendant Texas Roadhouse. (g) and (h) of the ADEA. (g) and (h). and its wholly-owned subsidiaries Defendants Texas Roadhouse Holdings LLC and Texas Roadhouse Management Corp.S. At all relevant times. conference and persuasion within the meaning of Section 7(b) of the ADEA. is the agency of the United States of America charged with the administration. Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 11(b). Inc.S.C. pursuant to 28 U.Case 1:11-cv-11732-DJC Document 1 Filed 09/30/11 Page 2 of 6 2. as amended by Section 2 of Reorganization Plan No.

the following: (a) Since at least January 1. 2007. Defendants have engaged in unlawful employment practices at their facilities nationwide in violation of Section 4 of the ADEA.C. For example. These unlawful practices include. and then the next slide answers with a group picture of young people shouting and making gestures. 8. Since at least January 1. but are not limited to. 40 years and older (hereafter “the protected age group”). either directly or implicitly.S. all of 3 . the Director of the Boston Area Office of the EEOC initiated an investigation. and well below the protected age group’s representation in the pool of applicants for positions with Defendants. 2007. alleging violations of the ADEA by Defendants.9% of Defendants’ front of the house employees is in the protected age group. well below the protected age group’s representation in Bureau of Labor Statistics data for such positions within the industry. More than thirty days prior to the institution of this lawsuit. 2007. These disparities are statistically significant. 29 U. one powerpoint used for the purpose of training managers regarding hiring starts with a slide that states “Step 1: Know what [a front of the house employee] looks like”. Defendants.Case 1:11-cv-11732-DJC Document 1 Filed 09/30/11 Page 3 of 6 STATEMENT OF CLAIMS 7. This figure is well below the protected age group’s representation in the general population of Defendants’ locations. All conditions precedent to the institution of this lawsuit have been fulfilled. (b) Approximately only 1. have instructed their managers to hire job applicants not in the protected age group. Defendants have subjected a class of aggrieved applicants for front of the house and other publicly visible positions to an ongoing pattern or practice of discriminatory failure to hire such persons because of their age. § 623(a). (c) Since at least January 1. In addition.

The unlawful employment practices complained of in paragraphs 8(a) through (d) above were willful within the meaning of Section 7(b) of the ADEA. “we are looking for people on the younger side. from engaging in any employment practice which discriminates on the basis of age. Grant a permanent injunction enjoining Defendants.. PRAYER FOR RELIEF Wherefore. “we think you are a little too old to work here… we like younger people”. and all persons in active concert or participation with them. hot ones who are ‘chipper’ and stuff”. college students”. “our age group is in their young 20s. (d) Defendants’ hiring officials have told older unsuccessful applicants that “there are younger people here who can grow with the company”. 29 U. and “we really go with a younger crowd and have a younger establishment. because of their age. attorneys.C. employees.. “How do you feel about working with younger people?”. but you have a lot of experience”. “you seem older to be applying for this job” and “do you think you would fit in?”. the restaurant was “a younger set environment”. agents.S. 10.” 9. the Commission respectfully requests that this Court: A.Case 1:11-cv-11732-DJC Document 1 Filed 09/30/11 Page 4 of 6 the images of employees in Defendants’ training and employment manuals are of young individuals. servants. The effect of the practices complained of in paragraphs 8(a) through (d) above has been to deprive a class of potential employees in the protected age group of equal employment opportunities and otherwise to affect adversely their status as applicants or potential employees. “I’m basically looking for young teenagers”. § 626(b). 4 . “we’re hiring for greeters but we need the young. their officers.

Order Defendants to provide training for supervisors and managers at all corporate levels. Grant a judgment requiring Defendants to pay appropriate back wages in an amount to be determined at trial. to identify presently unidentified protected age group applicants. by providing the affirmative relief necessary to eradicate the effects of their unlawful practices. including but not limited to instatement. reinstatement. including but not limited to. G. at their expense. and which eradicate the effects of their past and present unlawful employment practices. E. an equal sum as liquidated damages. Order Defendants to advertise. interest. and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above. Award the Commission its costs of this action. Order Defendants to institute and carry out policies. provide front pay in lieu of reinstatement. specific to the ADEA. Order Defendants to make whole all individuals adversely affected by the unlawful practices described above. C. F.Case 1:11-cv-11732-DJC Document 1 Filed 09/30/11 Page 5 of 6 B. Grant such further relief as the Court deems necessary and proper in the public 5 . H. or otherwise make whole individuals denied employment because of their age. individuals aged 40 years of age and older that were not hired because of their age. practices and programs which provide equal employment opportunities for individuals 40 years of age and older. D.

C. Room 5SW30B Washington. 20507-0100 /s/Elizabeth Grossman________________ Elizabeth Grossman Regional Attorney Elizabeth. 4th Floor.gov /s/Markus L. P.E. D. Massachusetts Respectfully submitted.Grossman@eeoc. Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street.Penzel@eeoc. N.gov /s/Robert D. MA 02203-0506 (617) 565-3193 Markus. 2011 Boston. NY 10004-2112 Robert. Penzel__________________ Markus L. 5th Floor New York. Kennedy Federal Building.gov 6 .. Room 475 Boston. Lee Deputy General Counsel Gwendolyn Y.Rose@eeoc.Case 1:11-cv-11732-DJC Document 1 Filed 09/30/11 Page 6 of 6 JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. Dated: September 30. Rose Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall St. David Lopez General Counsel James L. Rose________________ Robert D. Penzel Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F.

Seaport West. approved by the Judicial Conference of the United States in September 1974. Texas Roadhouse Holdings LLC.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. USE THE LOCATION OF THE LAND INVOLVED. Relations u 730 Labor/Mgmt.R.S.. and Texas Roadhouse Management Corp. Government Defendant u 2 u 3 u u 2 u 5 u 6 u 5 u 6 Citizen or Subject of a Foreign Country 3 IV. JUDGE . 23 ✔ Yes u u No JURY DEMAND: COMPLAINT: VIII. (a) PLAINTIFFS Equal Employment Opportunity Commission (b) County of Residence of First Listed Plaintiff (EXCEPT IN U. PLAINTIFF CASES) DEFENDANTS Texas Roadhouse. Security Act IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark u u u u u u u u u u u u u u u u u u u SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U. 155 Seaport Boulevard. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES. is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM. Ret. This form. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property u u u u u u u u u u u u u u u u u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R. Government Not a Party) u 4 Diversity (Indicate Citizenship of Parties in Item III) u 2 U.S. Address. CAUSE OF ACTION Brief description of cause: Pattern or Practice of Age Discrimination in hiring CHECK YES only if demanded in complaint: DEMAND $ u CHECK IF THIS IS A CLASS ACTION VII. NATURE OF SUIT CONTRACT (Place an “X” in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault. Government Plaintiff (Place an “X” in One Box Only) Jeffrey H. Lerer: Foley Hoag LLP.S. w/Disabilities Employment 446 Amer. BASIS OF JURISDICTION u 1 U. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 09/30/2011 FOR OFFICE USE ONLY RECEIPT # AMOUNT /s/Markus L.S. 12/07) Case 1:11-cv-11732-DJC Document 1-1 Filed CIVIL COVER SHEET 09/30/11 Page 1 of 3 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law.R.S. Boston. & Truck u 650 Airline Regs. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609 u u u u u 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes V. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY DATE SIGNATURE OF ATTORNEY OF RECORD Cite the U. except as provided by local rules of court. REQUESTED IN UNDER F. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES u u u u u u u u u u u u u u u u u u 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. (c) Attorney’s (Firm Name. Inc.2JS 44 (Rev. ORIGIN u 1 Original Proceeding u 2 Removed from State Court (Place an “X” in One Box Only) Appeal to District Appellate Court u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify) u 7 Judge from Magistrate Judgment Age Discrimination in Employment Act of 1967. Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. Plymouth County of Residence of First Listed Defendant (IN U. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation u 3 Federal Question (U. Inc. Penzel APPLYING IFP JUDGE MAG. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt.P. as amended VI. MA 02210 III.S.C. and Telephone Number) Attorneys (If Known) See attachment II.S.) I.

list them on an attachment. Original Proceedings. Residence (citizenship) of Principal Parties. Section 1404(a). . (4) This refers to suits under 28 U. When the petition for removal is granted. Report the civil statute directly related to the cause of action and give a brief description of the cause. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. (NOTE: In land condemnation cases. approved by the Judicial Conference of the United States in September 1974. noting in this section “(see attachment)”. (a) Plaintiffs-Defendants. Transferred from Another District. enter the name of the county where the first listed plaintiff resides at the time of filing. middle initial) of plaintiff and defendant.S. Requested in Complaint. plaintiff or defendant code takes precedence. For each civil case filed.S. Diversity of citizenship. Nature of Suit. Multidistrict Litigation.Cv. an act of Congress or a treaty of the United States. If the cause fits more than one nature of suit. first. telephone number. Check the appropriate box to indicate whether or not a jury is being demanded. except as provided by local rules of court. VIII. address. If there are several attorneys. its officers or agencies.R. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. (2) When the plaintiff is suing the United States. Demand.S. which requires that jurisdictions be shown in pleadings. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. The basis of jurisdiction is set forth under Rule 8(a).. Use the reopening date as the filing date. Place an “X” in one of the seven boxes. 12/07) Case 1:11-cv-11732-DJC Document 1-1 Filed 09/30/11 Page 2 of 3 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U. is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. United States defendant. be sure the cause of action.C. the citizenship of the different parties must be checked. Appeal to District Judge from Magistrate Judgment. use only the full name or standard abbreviations. VI. Cause of Action.S. do not check (5) above. federal question actions take precedence over diversity cases. plaintiff cases. Date and Attorney Signature. This section of the JS 44 is used to reference related pending cases if any.C. check this box. Do not cite jurisdictional statutes unless diversity. 1332. Federal question. United States plaintiff. a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. F. (See Section III below. where parties are citizens of different states. plaintiff cases. and attorney of record. place an “X” in this box.S. (4) Check this box for cases reinstated or reopened in the district court. Jurisdiction. enter the name of the county in which the first listed defendant resides at the time of filing.S. in Section VI below. (7) Check this box for an appeal from a magistrate judge’s decision. Related Cases. This form. If there is more than one basis of jurisdiction. Removed from State Court. V. II. where jurisdiction arises under the Constitution of the United States. Mark this section for each principal party. In cases where the U. Consequently. 1331.S.P. Suits by agencies and officers of the United States are included here. and box 1 or 2 should be marked. insert the docket numbers and the corresponding judge names for such cases. Section 1407. identify first the agency and then the official.) (c) Attorneys. giving both name and title. Reinstated or Reopened. The attorney filing a case should complete the form as follows: I. Do not use this for within district transfers or multidistrict litigation transfers.S.C. In U. (3) This refers to suits under 28 U. (1) Cases which originate in the United States district courts. select the most definitive. If the nature of suit cannot be determined. IV. When this box is checked. F. Class Action. Remanded from Appellate Court.S. (b) County of Residence.C. (1) Jurisdiction based on 28 U.C.JS 44 Reverse (Rev. 1345 and 1348. is a party. Section 1441. Enter the firm name. Place an “X” in the appropriate box. Place an “X” in one of the boxes.C. Origin. Place an “X” in this box if you are filing a class action under Rule 23.R.. is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet.S. Use the date of remand as the filing date. except U. (3) Check this box for cases remanded to the district court for further action. the U. an amendment to the Constitution. If the plaintiff or defendant is an official within a government agency. Enter names (last. Example: U. When Box 4 is checked.S.P. If there are related pending cases.) III.C. (5) For cases transferred under Title 28 U. precedence is given in the order shown below. Date and sign the civil cover sheet. If the plaintiff or defendant is a government agency. the county of residence of the “defendant” is the location of the tract of land involved. Jury Demand. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.

General Counsel James L.Case 1:11-cv-11732-DJC Document 1-1 Filed 09/30/11 Page 3 of 3 Attachment to Civil Cover Sheet Counsel for EEOC: P. David Lopez. Room 475 Boston. Reams.gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street. 4th Floor. Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street.C.rose@eeoc. NY 10004-2112 (212) 336-3696 Lead Counsel Markus L. Lee.gov . MA 02203-0506 (617) 565-3193 markus.E.gov Robert D. Room 5SW30B Washington. Kennedy Federal Building.grossman@eeoc. Deputy General Counsel Gwendolyn Y. Rose Supervisory Trial Attorney robert. 20507-0100 Elizabeth Grossman Regional Attorney elizabeth. D. 5th Floor New York. N.penzel@eeoc. Penzel Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F.

380. 360.(See Local Rule 40. 220.4/4/11) . Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet.23. 355. R. 152. 385. 890. 140. 190. MA 02203 TELEPHONE NO. (See local rule 40.S. 810. 550. JFK Federal Bldg. 660. 650. III. 442-446. 535. ✔  NO If yes. REGARDLESS OF NATURE OF SUIT. 2. 422. 441. 462. excluding governmental agencies. 490.320. 230. 510. Do all of the parties in this action.are there any motions pending in the state court requiring the attention of this Court? (If yes. 310. 875.1(g)).Case 1:11-cv-11732-DJC Document 1-2 Filed 09/30/11 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS 1. Title of case (name of first party on each side only) Equal Employment Opportunity Commission v.A. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284? YES  NO  ✔  7. Penzel EEOC. 130. 730.. submit a separate sheet identifying the motions) YES (PLEASE TYPE OR PRINT) ATTORNEY'S NAME ADDRESS  NO  Markus L. 900. 861865. 365. 893. 370. in which division do all of the non-governmental parties reside? Eastern Division  ✔  Central Division   Western Division   B. 530. a party? YES   NO  ✔  NO 6. residing in Massachusetts reside in the same division? . Title and number. trademark or copyright cases. 480. 240.362. 400. 610. or an officer. Has a prior action between the same parties and based on the same claim ever been filed in this court? YES  NO ✔  (See 28 USC 5. 423. 160. 871. 210. 195. 450. Texas Roadhouse. 410. 150. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? §2403) YES If so. 110. 891.S. is the U. 892. 870. 315. 625. 690. 830*. 950. 350.1(d)). 555. 340. If no. 790. 740. 620. 371. for patent.1(a)(1)). (See local rule 40. Boston. 820*. 153. 850. 630. 330. 540. in which division do the majority of the plaintiffs or the only parties. If filing a Notice of Removal . 720. 4. YES A. 460. 245. 791. 463. 894. 470. 3. *Also complete AO 120 or AO 121. ✔ II. of related cases. 465. 440. 290. I. 196. 617-565-3193 (CategoryForm4-4-11. Inc. 640. 710. agent or employee of the U. residing in Massachusetts reside? Eastern Division Central Division Western Division 8. Room 475. 840*. 345. 120. If more than one prior related case has been filed in this district please indicate the title and number of the first filed case in this court. 430.wpd . excluding governmental agencies of the united states and the Commonwealth of Massachusetts (“governmental agencies”). 151. if any. 895. 368.