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Vol. 53 No. 4

Trial Magazine

Verdicts and Settlements: Employment Law

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Gender discrimination

April 2017

Elizabeth Rogers, Tina Reynolds, and Stephanie Ochoa, each in their 30s, worked as general managers for different Cincinnati-area Chipotle Mexican Grill, Inc., restaurants. Each woman earned about $45,000 annually. Within a six-month period, all were fired by one regional manager and replaced by male managers.

Rogers returned to school to study nursing. Reynolds returned to work about a year later, earning less money. Ochoa did not return to work.

The women sued Chipotle, alleging gender discrimination under federal and state law. Rogers also asserted a claim under the Family and Medical Leave Act, 29 U.S.C. §2601 et seq., claiming that the regional manager had ridiculed her as being too emotional following the leave of absence she had taken to care for her premature babies. The plaintiffs asserted that the defendant was liable for giving a “rogue” manager the right to terminate employees without human resources review.

The jury awarded about $606,900, including $85,000 in punitive damages to each plaintiff. After the court doubled the plaintiffs’ back pay awards, the parties settled for an undisclosed sum.

Citation: Rogers v. Chipotle Mexican Grill, Inc., No. 1:13CV00146 (S.D. Ohio Apr. 2016).

Plaintiff counsel: Randolph Freking, Kelly Mulloy Myers, and Katherine Daughtrey Neff, all of Cincinnati.