Monty Partners, LLP successfully defended Mexican Restaurants, Inc. (the “Company”) in a Title VII race discrimination lawsuit asserting over $350,000 dollars in damages.  Plaintiff Monica Williams (“Plaintiff”), an African-American, alleged she was a victim of race discrimination because the Company did not provide the same employment opportunities to her in comparison to a white employee.  During the Equal Employment Opportunity Commission’s (“EEOC”) investigative process, the EEOC issued a for cause finding against the Company.  However, it was obvious that the EEOC investigator was biased and influenced by the fact the case originated from Jasper, Texas—the town infamous for the racial tension associated with the lynching of James Byrd, Jr.

The case was originally filed in federal court, but was concluded through the American Arbitration Association.  With the assistance of Monty Partners, the Company had adopted arbitration as a term and condition of employment for all of their employees since 1999 and required each employee to sign an acknowledgment memorializing their consent to mandatory arbitration.  Conducting the case in arbitration ensured that an Arbitrator would decide the case and not a panel of 12 jurors. 

The Company defended the case by establishing that the Plaintiff could not compare herself to other employees because they were not “similarly situated” to her. While any allegation of employer discrimination is a serious matter to address, the location of this Plaintiff’s residence heightened the risk of liability.  During the discovery process, the Company became aware that several of the Company’s employees in Jasper knew Mr. Byrd, and they knew a relative of one of the perpetrators involved in the lynching of Mr. Byrd.

Even though the Plaintiff retained an aggressive attorney who challenged the Company’s every defense strategy, the Arbitrator denied Plaintiff’s case on March 13, 2008 due to a lack of evidence to support her race discrimination lawsuit against the Company.