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 DEFENDANT’S

v. MOTION TO DISMISS

DARDEN RESTAURANTS INC., Docket No. 44 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”). OFW alleges 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. See Docket No. 41 (“FAC”). OFW did not file this action on behalf of any Darden employee. Rather, OFW seeks redress for the harm that Darden’s policies have caused OFW as an organization. Now pending is Darden’s 12(b)(1)…