U.S. Equal Employment Opportunity Commission v. Hometown Buffet, Inc.

ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY ADJUDICATION; GRANTING PLAINTIFF’S CROSS MOTION FOR PARTIAL SUMMARY ADJUDICATION

Defendant Hometown Buffet (“HTB”) moves for summary judgment, or partial summary adjudication, on the issue of whether Plaintiff United States Equal Employment Opportunity Commission (“EEOC”) satisfied its statutory obligation to conciliate prior to commencing this action. Plaintiff EEOC opposes the motion and separately moves for a finding that the EEOC met the condition precedent of conciliation. For the reasons set forth below, the court finds that the EEOC discharged its statutory obligation to conciliate prior to filing the present action. Accordingly, the court denies HTB’s motion for partial summary adjudication and grants EEOC’s cross motion for partial summary adjudication.

BACKGROUND

On September 29, 2006 the EEOC commenced this action alleging that HTB subjected Charging Parties Yesica Owen, Eliza Navarette, and other similarly situated individuals, to sexual harassment/hostile work environment on the basis of sex, female. (Compl. at p. 1). The EEOC alleges that HTB engaged in unlawful employment practices since October 2002, in…