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06-C-0715 EEOC v. Management Hospitality of Racine, Inc.

By: WISCONSIN LAW JOURNAL STAFF//June 22, 2011//

06-C-0715 EEOC v. Management Hospitality of Racine, Inc.

By: WISCONSIN LAW JOURNAL STAFF//June 22, 2011//

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Employment
Hostile work environment; injunctions

Where an employer restaurant was guilty of sexual harassment, it is appropriate that injunctive relief be issued covering all restaurants owned by the employer.

“Defendants argue that injunctive relief cannot extend to the other IHOPs owned by Salauddin Janmohammed and managed by Flipmeastack because they are separate entities and not parties to this case. However, the EEOC asks that the injunction be directed to Flipmeastack, and as explained above, Flipmeastack exercises functional control over all of the restaurants owned by Janmohammed. It is Flipmeastack that supervises all employees at Janmohammed’s restaurants and administers the antiharassment policy and complaint mechanism. Thus, it is Flipmeastack’s employment practices that need to be corrected, and so the injunction is appropriately addressed to it.”

“Defendants contend that Flipmeastack has no authority to, among other things, post notices about the present lawsuit in Janmohammed’s restaurants. This would be true if Janmohammed’s restaurants terminated their contracts with Flipmeastack and no longer relied on it for management services. However, so long as those restaurants contract with Flipmeastack and delegate control over the workplace to it, Flipmeastack has authority to post the notices required by this injunction, just as it had authority to post the ‘crisis management’ guidelines at the Racine IHOP.”

06-C-0715 EEOC v. Management Hospitality of Racine, Inc.

E.D.Wis., Adelman, J.

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