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Employment Law
Retaliation
Race and National Origin Discrimination

Equal Employment Opportunity Commission v. Peters' Bakery

Published: Aug. 22, 2015 | Result Date: Jul. 27, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 5:13-cv-04507 Bench Decision –  Preliminary Injunction

Court

USDC Northern


Attorneys

Plaintiff

Cindy S. O'Hara

Jonathan T. Peck

William R. Tamayo


Defendant

Victoria L.H. Booke
(Booke & Ajlouny)

Robert D. Baker


Facts

The Equal Employment Opportunity Commission filed suit against Peter's Bakery after an employee, Maricela Ramirez, was terminated.

Contentions

PLAINTIFF'S CONTENTIONS:
Ramirez was a sales clerk at Peters' Bakery in East San Jose. She filed charges of discrimination with the EEOC based on alleged derogatory statements the owner, Charles Peters made to her regarding her Hispanic origin.

The EEOC contended that Peters' Bakery retaliated against Ramirez after she filed charges with the EEOC when it filed a defamation suit against her, delayed her reinstatement despite winning in union arbitration, circulated her charge to coworkers, and wrote her up. The EEOC alleged discrimination and retaliation in violation of Title VII of the Civil Rights Act. The bakery also allegedly tried to terminate Ramirez a second time, at which point the EEOC sought a temporary restraining order blocking the termination pending a hearing on the matter.

DEFENDANT'S CONTENTIONS:
Peters' Bakery denied it engaged in any unlawful employment practices and asserted various affirmative defenses.

Result

The court granted a temporary restraining order and a preliminary injunction, enjoining Peters' Bakery from terminating Ramirez.

Other Information

FILING DATE: Sept. 30, 2013.


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