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Press Release 08-13-2004

JILLIAN'S TO PAY $360,000 FOR SEX DISCRIMINATION AGAINST MEN

EEOC Lawsuit Said Company Maintained Sex-Segregated Job Classifications

INDIANAPOLIS - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a sex discrimination lawsuit under Title VII of the 1964 Civil Rights Act for $360,000 and comprehensive injunctive relief against Jillian's of Indianapolis IN Inc., Jillian's Entertainment Holdings Inc., and Jillian's Entertainment Corporation, on behalf of a class of male employees.

Jillian's operates a nationwide chain of family dining/entertainment facilities in about 25 states with more than 5,000 employees. The company is headquartered in Louisville, Kentucky. Further information about the company is available online at www.jillians.com.

The suit, filed in the United States District Court for the Southern District of Indiana, Indianapolis Division, alleged that Jillian's maintained sex-segregated job classifications on a nationwide basis and failed to hire and/or transfer a class of male employees to lucrative server positions and other so-called "female" job classifications because of their sex. The EEOC alleged that the company's actions were intentional and demonstrated a reckless indifference to the rights of the class of men. Under the terms of the three-year Consent Decree settling the case, Jillian's agreed to:

  • Pay $350,000 in damages to Indianapolis class members - estimated to be at least 100 men - and $10,000 in administrative expenses to advertise for and locate Indianapolis class members;
  • Hire/place employees at all its facilities without regard to sex, and prepare sex-neutral job descriptions;
  • Post and distribute a notice of non-discrimination at all facilities nationwide and append a notice of non-discrimination to its employment applications;
  • Train its managers nationally on Title VII's prohibition against sex-based hiring/placement and include a notice of non-discrimination in its employment advertising; and
  • Maintain applicant flow logs and report to the EEOC on complaints of discrimination.

"We are pleased by the breadth of this settlement, which will provide significant monetary relief to the class of Indianapolis male applicants and employees and strong injunctive relief across the country to help Jillian's build workplaces in compliance with the Civil Rights Act," said Indianapolis District Director Danny Harter. "This was a case of egregious and systemic segregation emanating from the very top of the company."

Laurie A. Young, Indianapolis Regional Attorney, said, "We hope the outcome of this case reminds all employers that they violate the law at their peril by segregating any class of employees into specific job categories for discriminatory reasons. Every individual deserves the freedom to compete and advance in the workplace without regard to artificial barriers."

The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal sector; sections of the Civil Rights Act of 1991; and Title I of the Americans with Disabilities Act, which prohibits discrimination in the private sector and state and local governments against people with disabilities.

The EEOC's Indianapolis Office is located at 101 W. Ohio Street, Suite 1900. The following toll-free telephone numbers connect callers with the nearest field office: (800) 669-4000 (Voice) and (800) 669-6820 (TTY). For specific questions concerning this settlement, please call (317) 226-5483. Further information about the Commission is available at its web site, www.eeoc.gov.