Taking Care of HR Business
        A blog from the attorneys of Verrill

        The Meaning of “Rosebud” Isn’t Just a Citizen Kane Issue Anymore: EEOC Suit Without An Aggrieved Individual Survives Motion to Dismiss

        by Tawny L. Alvarez on April 9, 2015

        On Tuesday, the U.S. District Court for the Northern District of Illinois ruled that the EEOC does not have to identify any specifically aggrieved individual to pursue a race bias lawsuit under Title VII of the Civil Rights Act. The case, EEOC v. Rosebud Restaurants, Inc., alleges that Rosebud’s owner, Alex Dana, has “expressed a preference not to hire black applicants,” and because of this preference Rosebud’s affiliated restaurants have had few black employees. Rosebud filed a Motion to Dismiss the Complaint but the Court ruled on Tuesday that Section 706 of Title VII authorizes the EEOC to sue in its own name without naming an aggrieved individual.

        Rosebud argued that while Section 707(a) of Title VII allows the EEOC to sue an employer alleging a “pattern or practice” of discrimination, Section 706, which the EEOC brought the action under, does not provide the same rights and the EEOC must name a specified individual who has been aggrieved by the alleged bias. The court, however disagreed finding that under Section 706 the EEOC’s actions are not limited to matters “brought on behalf of individuals,” but instead Section 706 provides authority to the EEOC to “prevent ‘any person from engaging in any unlawful employment practice’ prohibited by Title VII.” In support of the decision, Judge Wood cited the Supreme Court’s 1980 decision in General Telephone Co. of the Northwest, Inc. v. EEOC, which noted that the EEOC is not “a proxy for the victims of discrimination” but also an organization with the purpose to “vindicate the public interest in preventing employment discrimination.”

        How this case plays out may not be as compelling as an Orson Welles movie, but we will certainly keep readers posted should the EEOC continue to implement this practice without bringing “pattern or practice” claims.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...
        Blog

        Voluntary Benefits Move into the ERISA Litigation Crosshairs

        Employee-paid accident, critical-illness, cancer, and hospital-indemnity insurance have long occupied a quiet corner of employee benefit plan...
        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...