One Fair Wage, Inc. v. Darden Restaurants Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ONE FAIR WAGE, INC., Case No. 21-cv-02695-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTIONS TO DISMISS

DARDEN RESTAURANTS INC., Docket Nos. 15-17 Defendant.

12 13 I. INTRODUCTION Plaintiff One Fair Wage (“OFW”), an advocacy organization focused on eliminating the subminimum cash wage, has filed suit against Defendant Darden Restaurants, Inc. (“Darden”). Notably, OFW did not file this action on behalf of any Darden employee, but rather, OFW is seeking redress for the harm caused to OFW as an organization. OFW alleges, inter alia, that Darden’s cash wage and tipping policies result in increased sexual harassment and disparate wages for workers across racial groups and that these sex and race-based effects violate the prohibitions on workplace discrimination in Title VII of the Civil Rights act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2. Complaint (Docket No. 1). As a…