amended texas roadhouse complaint

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

____________________________________ EQUAL EMPLOYMENT ) OPPORTUNITY COMMISSION, ) ) Civil Action No. 1:11-cv-11732 Plaintiff, ) ) v. ) AMENDED COMPLAINT ) TEXAS ROADHOUSE, INC., TEXAS ) JURY TRIAL DEMAND ROADHOUSE HOLDINGS LLC, and ) TEXAS ROADHOUSE MANAGEMENT ) CORP., d/b/a TEXAS ROADHOUSE, ) )

Defendants. ) ____________________________________)

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of age and to provide appropriate relief to a class of identified

and unidentified individuals who were denied employment by Defendants because of their age.

As alleged with greater particularity below, Defendants have engaged in a pattern or practice of

refusing to hire applicants age 40 and over (the protected age group or “PAG”) for front of the

house positions at their restaurants nation-wide in violation of the ADEA. Applicants age 40 and

over have suffered lost wages and benefits as a result of Defendants’ discriminatory practices.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is also authorized and instituted pursuant to Section 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938

(the “FLSA”), as amended, 29 U.S.C. §§ 216(c) and 217.

Case 1:11-cv-11732-DJC Document 35 Filed 08/27/12 of 70

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2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of Massachusetts, pursuant to 28

U.S.C. § 1391(b).

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is

the agency of the United States of America charged with the administration, interpretation, and

enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the

ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92

Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.

4. At all relevant times, Defendant Texas Roadhouse, Inc., and its wholly-owned

subsidiaries Defendants Texas Roadhouse Holdings LLC and Texas Roadhouse Management

Corp., have continuously been corporations doing business in the Commonwealth of

Massachusetts and locations throughout the United States, and have each continuously had at

least 15 employees.

5. At all relevant times, Defendants have continuously been employers engaged in

an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA,

29 U.S.C. §§ 630(b), (g) and (h).

Defendants Constitute an Integrated Enterprise, or Single Employer, and Are Each Jointly and Severally Liable for the ADEA Violations Alleged Herein

6. Defendants also operate as an integrated enterprise, or single employer, by virtue

of: (1) their common management; (2) the interrelations between their operations; (3) the

centralized control over their labor relations; and (4) their common ownership.

7. From April 1, 1997, through October 8, 2004, the business of Texas Roadhouse

restaurants was conducted by Texas Roadhouse Holdings LLC (“TR Holdings”) and its


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affiliates. Texas Roadhouse, Inc. was incorporated under the laws of the state of Delaware in

2004. On October 8, 2004, TR Holdings and its wholly-owned and majority-owned affiliates

completed a reorganization and initial public offering. In connection with the reorganization and

public offering, TR Holdings became a subsidiary of Texas Roadhouse, Inc.

8. Defendants have stated that TR Holdings “owns and operates” Texas Roadhouse

restaurants in 46 states.

9. According to the Form 10-K filed in 2010 by Texas Roadhouse, Inc., “Texas

Roadhouse Management Corp. (hereafter “Management Corp.”) provides management services

to Holdings.”

10. Holdings and Management Corp. are wholly-owned subsidiaries of Texas

Roadhouse, Inc.

11. Texas Roadhouse, Inc.’s Form 10-K defines “we” as “Texas Roadhouse, Inc.,”

and, without differentiating among its affiliates and subsidiaries, states that “[a]s of December

27, 2011, we employed approximately 33,000 people, of whom 393 were executive and

administrative personnel, 1,330 were restaurant management personnel and the remainder were

hourly restaurant personnel.” (emphasis added).

12. Defendants share a common headquarters and address at 6040 Dutchmans Lane,

Suite 400, Louisville, Kentucky 40205.

13. Defendants share top officers and management.

14. In 2010, Texas Roadhouse, Inc.’s officers were W. Kent Taylor, Chairman;

Gerard Johan Hart, President and Chief Executive Officer; Steven L. Ortiz, Chief Operating

Officer; Scott M. Colosi, Chief Financial Officer; and Sheila Brown, General Counsel and

Corporate Secretary.


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15. In 2010, Management Corp.’s officers were W. Kent Taylor, Chairman; Gerard

Johan Hart, Vice Chairman; Scott M. Colosi, Chief Financial Officer and Chief Operating

Officer; and Sheila Brown, Corporate Secretary.

16. In 2010, Texas Roadhouse, Inc. is listed as the “Manager” of Holdings, and W.

Kent Taylor, Gerard Johan Hart, Steven Ortiz, and Scott Colosi, are listed as Holdings’s

members and/or officers.

17. Defendants’ unified headquarters in Louisville operates as the restaurant support

center for Texas Roadhouse restaurants nation-wide. As such, Defendants’ headquarters

supports all of Defendants’ field personnel through the establishment of written standards and

instructs all of Defendants’ employees on Defendants’ practices through posters, a Code of

Business Conduct and Ethics, policies, audit procedures, and training programs.

18. Defendants share one “Training and People Development” department, which is

located at Defendants’ headquarters in Louisville and whose shared Vice-President is Juanita

Coleman. This department supports all of Defendants’ operations nation-wide and develops and

disseminates training and employment materials to all managers of Texas Roadhouse locations

nation-wide.

19. Defendants share one human resources department, which is located at

Defendants’ headquarters in Louisville. Defendants call this department the “Legendary People”

department.

20. Defendants share a Director of Staffing in their Legendary People department,

Julie Juvera. This department develops training materials for all three Defendants and

coordinates hiring and recruiting for all Defendants. These training materials are distributed to


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managers of Texas Roadhouse locations nation-wide to control the hiring and management of all

their employees.

21. Defendants’ share the same “Code of Conduct,” which is one sixteen page

document that applies to all three Defendants. It defines “Company” to mean Texas Roadhouse,

Inc., and all its subsidiaries.

22. Defendants share and maintain an integrated computerized management

information system, which is designed to provide restaurant and headquarters management with

timely access to financial and operating data. Among other things, this system allows

Defendants to closely monitor labor and operating expenses at each of the restaurants and

recognize trends in the business.

23. Defendants are jointly and severally liable for the discriminatory acts and claims

asserted herein because, as set forth more fully in paragraphs 6 to 22 above, all of the acts and

failures to act alleged herein were duly performed by and attributable to each Defendant, each

acting as a successor, agent, alter ego, employee, indirect employer, joint employer, integrated

enterprise, and/or under the direction and control of the other Defendants. Said acts and failures

to act were within the scope of such agency and/or employment, and each Defendant participated

in, approved and/or ratified the unlawful acts and omissions by Defendants complained of

herein. Whenever and wherever reference is made in this Complaint to any act by a Defendant,

such allegations and reference shall also be deemed to mean the acts and failures to act of all

three of the Defendants acting individually, jointly, and/or severally.

CONCILIATION

24. Prior to the institution of this lawsuit, the Commission’s representatives attempted

to eliminate the unlawful employment practices alleged below and to effect voluntary


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compliance with the ADEA through informal methods of conciliation, conference, and

persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(d).

STATEMENT OF CLAIMS

25. More than thirty days prior to the institution of this lawsuit, the Director of the

Boston Area Office of the Commission initiated an investigation alleging violations of the

ADEA by Defendants. All conditions precedent to the institution of this lawsuit have been

fulfilled.

Texas Roadhouse’s Standard Operating Procedure is To Deny Employment to Persons in the PAG at Restaurants Nation-wide

26. Since at least January 1, 2007, Defendants (hereafter collectively referred to as

“Texas Roadhouse”) have engaged in unlawful employment practices at their restaurants

nation-wide in violation of Section 4 of the ADEA, 29 U.S.C. § 623(a).

Scope and Nature of the Discrimination

27. As alleged with more particularity elsewhere within, Texas Roadhouse has

engaged in a pattern or practice of discrimination in which its standard operating procedure is to

deny employment to persons in the PAG based on their age for front of the house (“FOH”)

positions at their restaurants nation-wide.

28. The FOH positions for which Texas Roadhouse has denied employment to

persons in the PAG include, but are not limited to, host/hostess, server, assistant server/service

assistant, bartender, and bus person.

Texas Roadhouse Tightly and Centrally Controls All Operations of its Restaurants, Including Hiring

29. Plaintiff re-alleges and incorporates by reference paragraphs 1 to 28 above as if

set forth fully herein.


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30. Texas Roadhouse’s mission statement is “Legendary Food, Legendary Service.”

31. Texas Roadhouse has a strong and active centralized management which has

carefully crafted, and manages, a uniform corporate culture that pervades all restaurants. This

corporate culture, along with Texas Roadhouse’s brand and image, emphasizes a fun, party-like

dining experience.

32. Consistent with the company’s culture, brand, and image, Texas Roadhouse seeks

younger FOH employees and consistently discourages and rejects applicants in the PAG for

those positions. Texas Roadhouse’s hiring data for FOH positions at numerous restaurants,

when compared to both the relevant labor markets and applicant flow samples, shows that the

company hires applicants 40 and over at rates well below their availability. The shortfalls in

hiring applicants in the PAG are overwhelmingly statistically significant. (See paragraphs 63 to

204 below).

33. To ensure that this culture, brand, and image are consistently maintained at all

restaurants, Texas Roadhouse’s centralized management devotes considerable resources to

providing training and guidance to the restaurants. Training on all aspects of restaurant

operations, including uniform standards for hiring, is developed by headquarters staff in

Louisville.

34. According to Texas Roadhouse’s Director of Employee Development, Texas

Roadhouse trains “both management and employees across the board, not just about the specs

and the procedures and how to cut a legendary steak and how to make legendary green beans, but

also about the culture of what this company is all about inside the four walls. Our guests visit

Texas Roadhouse because it is such a fun exciting environment, so we train our management and

our staff how to really show that on a daily basis.”


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35. According to Texas Roadhouse communications director Dave Dodson in 2010,

“Culture for us really is one of our biggest assets . . . . We talk all the time about really making

sure that we are protecting our culture, that we’re investing in our culture, that people understand

our culture, that new people we are bringing into our company learn the culture.”

36. In its 2010 Form 10-K, Texas Roadhouse states, “Our detailed training program

emphasizes our operating strategy, procedures and standards and is conducted individually at

Texas Roadhouse restaurants and in groups in Louisville, Kentucky.”

37. Texas Roadhouse refers to the general managers of its restaurants as “managing

partners.” Managing partners and other management team members must take a comprehensive

training program of up to 17 weeks, which is designed by Texas Roadhouse headquarters and

covers hiring and includes training for every position in the restaurant. Trainees are validated at

pre-determined points during their training by either a regional manager, which Texas

Roadhouse calls a “market partner,” a product coach, or a training manager.

38. At training meetings at Texas Roadhouse headquarters in Louisville, Texas

Roadhouse has emphasized the hiring of young, fun, cute, and bubbly people for FOH positions

to promote Texas Roadhouse’s culture and image.

39. During training meetings at its headquarters, both W. Kent Taylor, Texas

Roadhouse’s founder, and the head of Texas Roadhouse’s “Legendary People” department often

address the trainees.

40. During training meetings in headquarters, trainees are given tours of the

Louisville locations, which are held up as models. These locations have statistically significant

shortfalls of employees in the PAG. (See, e.g., paragraph 107 below).


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41. To further ensure that the restaurants adhere to the Company’s culture, image, and

strategy, the executive officers of Texas Roadhouse, including it CEO, often tour the restaurants

in the field and meet with the managing and market partners and other managers.

42. Texas Roadhouse’s headquarters in Louisville also controls its field personnel in

the restaurants through the establishment of written standards and informs employees of the

Company’s policies and procedures through written materials and training programs. These

policies and procedures include hiring standards, including those for FOH positions.

43. Since at least January 1, 2007, Texas Roadhouse has trained its managers to avoid

hiring applicants in the PAG for FOH jobs. For example, during the relevant time period, Texas

Roadhouse has used a powerpoint presentation developed at its headquarters and titled

“Legendary Hiring” to train its managers in the field regarding hiring for FOH positions. The

presentation starts with a slide that states “Step 1: Know What Legendary Looks Like.” The

next slide follows with a picture of 22 young people, all appearing to be well under age 40,

huddled in a group with all faces visible, shouting and making gestures.

44. To reinforce Texas Roadhouse’s intention to hire young employees and

discourage applicants in the PAG, Texas Roadhouse’s “Legendary People” department maintains

a standardized employment application for use in all restaurants for hourly positions. The cover

sheet for this application shows five young, excited workers in their teens or twenties, with the

sub-caption “A Legendary Place To Work And Have Fun!”

45. Texas Roadhouse centrally controls job advertising for FOH positions through

common written materials and videos, which are distributed to all restaurants for their use. To

further emphasize the hiring of young employees and discourage applicants in the PAG,


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recruiting videos on Texas Roadhouse’s web-site for FOH positions show only young employees

in the various FOH positions.

46. On external job recruitment web-sites, such as SnagAJob.com, Texas Roadhouse

also uses videos and images that show only young employees in the various FOH positions.

47. To further reinforce and maintain its young and youthful culture and image, Texas

Roadhouse uses only images of young individuals in training and employment manuals

distributed to all trainees and employees.

48. Texas Roadhouse’s training department certifies a number of its restaurants as

training centers. This certification confirms that the training center adheres to established

company-wide operating procedures and guidelines. Additionally, Texas Roadhouse staffs most

of its restaurants with training coordinators responsible for ongoing, daily training needs.

49. One of these training centers is located at the Texas Roadhouse restaurant in

Kirkwood, Missouri. This restaurant has a statistically significant shortfall of FOH employees in

the PAG, (see paragraph 131 below) and a former service manager with hiring authority at that

location explicitly emphasized the hiring of “cute girls.”

50. To further reinforce and maintain its culture and image, Texas Roadhouse deploys

a full team of designated trainers to new restaurants at least ten days before they open. This

training covers hiring for FOH positions. Formal employee training begins seven days before a

restaurant opens and follows a uniform, comprehensive training course developed by corporate

headquarters and directed by a training manager on location.

51. Although Texas Roadhouse does not require applicants for FOH positions to have

related experience, Texas Roadhouse considers experience a “plus” for the server and bartender

positions.


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52. Texas Roadhouse provides significant training to all FOH employees before they

are allowed to work.

53. The managing partner of each Texas Roadhouse restaurant is responsible for the

day-to-day operations of the restaurant and for ensuring that the restaurant adheres to the

Company’s culture, image, and strategy. Each managing partner reports to a market partner.

Each market partner generally oversees up to 12 to 15 restaurants and is responsible for ensuring

that the restaurants adhere to the Company’s culture, image, and strategy. Both the managing

and market partners earn a performance-based percentage of their restaurants’ income.

54. Texas Roadhouse requires its market partners to supervise and assist with hiring

for new restaurants and to make regular visits to their restaurants to ensure adherence to all

aspects of Texas Roadhouse’s culture, image, and strategy.

55. One Texas Roadhouse market partner in North Carolina, Gregory Beckel, told a

service manager in the Ashville, North Carolina, restaurant that she should not hire older

employees because they could not keep up. The managing partner of this service manager’s

restaurant vetoed her recommendations of several older applicants because they “were not going

to gel with the rest of the staff.” When this service manager persuaded her managing partner to

hire one applicant in the PAG, the managing partner told her not to schedule her when Gregory

Beckel was visiting the restaurant.

56. Texas Roadhouse allows a number of their highest executive officers to have an

ownership interest in individual restaurants. As a result, those executive officers are more

invested in the overall promotion and success of the Texas Roadhouse culture, image, and

strategy.


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57. Restaurants in which Texas Roadhouse executives have held such ownership

interests since at least 2004 include, but are not limited to, the following locations (with

ownership interests in parentheses): Billings, Montana (W. Kent Taylor, 55%; Scott Colosi,

2.0%); Brownsville, Texas (G. J. Hart, 61.23%; Steven Ortiz, 30.61%); Everett, Massachusetts

(Taylor, 59.0%); Fargo, North Dakota (Hart, 83.84%; Colosi, 5.05%); Melbourne, Florida

(Taylor, 34.0%); New Berlin, Wisconsin (Hart, 30.0%; Ortiz, 30.0%; Colosi, 2.0%); Omaha,

Nebraska (Hart, 68.68%; Colosi, 10.99%). Each of these restaurants has statistically significant

shortfalls in the hiring of individuals in the PAG for FOH positions. (See paragraphs 134, 181,

117, 153, 86, 201, and 136 below).

58. Because it systematically hires younger employees and usually promotes from

within, Texas Roadhouse has many very young managers not in the PAG. Texas Roadhouse has

acknowledged that it has many young managers who are in leadership positions for the first time.

59. Texas Roadhouse has therefore partnered with O.C. Tanner Company, a human

resources and industrial psychology company, to create “Living Legends,” which Texas

Roadhouse describes as “a branded approach to recognition at Texas Roadhouse that allow[s] the

restaurant to communicate tools, training, goals and messaging in one well-understood format

while offering milestone and performance recognition with more meaning.” This “Living

Legends” program is designed to motivate and retain its young workforce at its restaurants

nation-wide.

60. To further enforce its standards of quality and to achieve uniform compliance

throughout the system, Texas Roadhouse employs “product coaches” who regularly visit the

restaurants to assist in training of both new and existing employees and to grade food quality.


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61. As referenced in paragraphs 29 through 60 above, Texas Roadhouse tightly

controls hiring at its restaurants nation-wide through centralized training and the centralized

management of its youthful culture, image, and brand.

Hiring Statistics Overwhelming Show that Age Discrimination in Hiring Is Texas Roadhouse’s Standard Operating Procedure

62. Plaintiff re-alleges and incorporates by reference paragraphs 1 to 61 above as if

fully set forth herein.

63. During the Commission’s administrative investigation, Texas Roadhouse

produced employment data for 135 of its restaurants in 42 states (hereafter “Texas Roadhouse’s

data”). Generally, this data purported to cover all employees employed between January 1,

2007, and June 30, 2009, at those restaurants. As of December 29, 2009, Texas Roadhouse

owned and operated 260 Texas Roadhouse restaurants in 43 states.

64. According to Texas Roadhouse’s data, only 696 (1.94%) of 35,935 front of the

house (“FOH”) employees were in the protected age group, age 40 and above (“PAG”).

65. The Census Bureau produced a Census 2000 Special EEO file for those Federal

agencies responsible for monitoring employment practices and enforcing civil rights laws in the

workforce, and for all employers, so they can measure their compliance with the laws. The

Census 2000 Special EEO Tabulation (hereafter “Census EEO data”) serves as the primary

external benchmark for comparing the racial, ethnic, sex, and age composition of each

employer’s workforce to its available labor market.

66. The 1.94% figure for FOH employees is over ten times less than the PAG’s

representation in the Census EEO data for similar FOH restaurant positions nationally, which is

21.41%. The disparity between the 1.94% figure and the 21.41% expected rate is statistically

significant at 89.85 standard deviations.


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67. An analysis of limited applicant flow data from eight locations for which ages

could be determined (Albuquerque, NM; Bangor, ME; Billings, MT; Cheyenne, WY; Idaho Falls

and Boise, ID; Louisville, KY; and Manchester, CT) yields a PAG applicant availability rate of

approximately 8.9%. The disparity between the 1.94% figure and an expected rate of 8.9% is

statistically significant at 46.35 standard deviations.

68. Of the 135 restaurants described in Texas Roadhouse’s data, every restaurant had

less FOH employees in the PAG than would have been expected (the “net shortfall”) based on

comparisons with the best available Census EEO data for their locations (hereafter the “expected

rate”) at levels that were, with only one exception, statistically significant. For 125 of the 135

restaurants, the comparison is made to data for the county in which the restaurant is located. For

two restaurants where there is no county data, the comparison is made to the metropolitan

statistical area (“MSA”) in which the restaurant is located. For seven restaurants where there is

no county or MSA data available, the comparison is made to the nearest available county within

the state in which the restaurant is located. For the one restaurant where there is no such data for

any of the state, the comparison is made to the nearest county just across the border in a

neighboring state.

69. At the Texas Roadhouse restaurant in Mobile, Alabama, only 0.50% (1) of the

200 FOH employees were in the PAG, compared to an expected rate of 19.52% (39.04),

resulting in a net shortfall of 38.04 PAG employees for that location. This shortfall is


70. At the Texas Roadhouse restaurant in Montgomery, Alabama, only 2.59% (10) of

the 386 FOH employees were in the PAG, compared to an expected rate of 20.69% (79.86),


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71. At the Texas Roadhouse restaurant in Little Rock, Arkansas, only 1.36% (6) of




72. At a Texas Roadhouse restaurant in Tucson, Arizona, only 0.83% (2) of the 240

FOH employees were in the PAG, compared to an expected rate of 19.45% (46.68), resulting in a

net shortfall of 44.68 PAG employees for that location. This shortfall is statistically significant

at 7.2 standard deviations.

73. At the Texas Roadhouse restaurant in Yuma, Arizona, only 3.31% (8) of the 242




74. At the Texas Roadhouse restaurant in Mesa, Arizona, only 3.41% (11) of the 323




75. At the Texas Roadhouse restaurant in Gilbert, Arizona, only 4.92% (16) of the





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76. At the Texas Roadhouse restaurant in West Phoenix, Arizona, only 4.76% (17) of




77. At the Texas Roadhouse restaurant in Arvada, Colorado, only 3.42% (8) of the




78. At the Texas Roadhouse restaurant in Pueblo, Colorado, only 1.28% (3) of the




79. At the Texas Roadhouse restaurant in Fort Collins, Colorado, only 0.80% (2) of




80. At the Texas Roadhouse restaurant in Grand Junction, Colorado, only 0.79% (2)

of the 252 FOH employees were in the PAG, compared to an expected rate of 15.75% (39.69),



81. At a Texas Roadhouse restaurant in Colorado Springs, Colorado, only 2.36% (7)



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82. At the Texas Roadhouse restaurant in Seaford, Delaware, only 2.67% (5) of the




83. At the Texas Roadhouse restaurant in Camden, Delaware, only 1.97% (6) of the




84. At the Texas Roadhouse restaurant in Palm Bay, Florida, only 1.45% (2) of the




85. At the Texas Roadhouse restaurant in Ocoee, Florida, only 3.83% (9) of the 235




86. At the Texas Roadhouse restaurant in Melbourne, Florida, none of the 250 FOH

employees was in the PAG, compared to a expected rate of 24.46% (61.15), resulting in a net

shortfall of 61.15 PAG employees for that location. This shortfall is statistically significant at

8.92 standard deviations.


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87. At the Texas Roadhouse restaurant in Orlando, Florida, only 4.14% (11) of the



statistically significant at 7 standard deviations.

88. At the Texas Roadhouse restaurant in Gainesville, Florida, only 0.73% (3) of the




89. At the Texas Roadhouse restaurant in Marietta, Georgia, only 3.70% (10) of the




90. At the Texas Roadhouse restaurant in Boise, Idaho, only 1.28% (3) of the 235



at 5.38 standard deviations. Using a limited sample of applicant flow data from the two Idaho

restaurants, which showed that 4.35% of applicants were in the PAG, the net shortfall is 7.22

PAG employees for the Boise location, which is statistically significant at 2.15 standard

deviations.

91. At the Texas Roadhouse restaurant in Idaho Falls, Idaho, only 1.31% (4) of the



statistically significant at 5.63 standard deviations. Using a sample of applicant flow data from


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the two Idaho restaurants which showed 4.35% of applicants in the PAG, the net shortfall is 9.27

PAG employees for the Idaho Falls location, which is statistically significant at 2.46 standard

deviations.

92. At the Texas Roadhouse restaurant in Springfield, Illinois, only 0.83% (1) of the




93. At the Texas Roadhouse restaurant in East Peoria, Illinois, only 1.88% (5) of the




94. At the Texas Roadhouse restaurant in Champaign, Illinois, only 0.74% (2) of the




95. At the Texas Roadhouse restaurant in Shiloh, Illinois, only 1.01% (3) of the 297




96. At the Texas Roadhouse restaurant in Terre Haute, Indiana, only 3.43% (6) of the





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97. At the Texas Roadhouse restaurant in Greenwood, Indiana, only 3.21% (6) of the




98. At the Texas Roadhouse restaurant in Fort Wayne, Indiana, only 3.47% (7) of the




99. At the Texas Roadhouse restaurant in South Bend, Indiana, only 2.27% (5) of the




100. At the Texas Roadhouse restaurant in Bloomington, Indiana, only 0.63% (2) of




101. At the Texas Roadhouse restaurant in Clarksville, Indiana, which was Texas

Roadhouse’s first restaurant in 1993, only 4.91% (23) of the 468 FOH employees were in the

PAG, compared to an expected rate of 21.15% (98.97), resulting in a net shortfall of 75.97 PAG

employees for that location. This shortfall is statistically significant at 8.54 standard deviations.

102. At the Texas Roadhouse restaurant in Sioux City, Iowa, only 1.86% (4) of the 215



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103. At the Texas Roadhouse restaurant in Cedar Falls, Iowa, only 1.15% (3) of the




104. At the Texas Roadhouse restaurant in Cedar Rapids, Iowa, only 0.65% (2) of the




105. At the Texas Roadhouse restaurant in Wichita, Kansas, only 0.88% (3) of the 341




106. At the Texas Roadhouse restaurant in Topeka, Kansas, only 0.55% (2) of the 365




107. At a Texas Roadhouse restaurant in Louisville, Kentucky, only 2.00% (5) of the


resulting in a net shortfall of 47.28 PAG employees for that location. This shortfall is statistically

significant at 7.27 standard deviations. Using a limited sample of applicant flow data from the


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restaurant which showed 12.5% of applicants in the PAG, the net shortfall is 26.25 PAG

employees for that location, which is statistically significant at 4.92 standard deviations.

108. At the Texas Roadhouse restaurant in Elizabethtown, Kentucky, only 7.09% (18)




109. At the Texas Roadhouse restaurant in Shively, Kentucky, only 6.67% (19) of the




110. At the Texas Roadhouse restaurant in Alexandria, Louisiana, only 0.68% (1) of




111. At the Texas Roadhouse restaurant in Baton Rouge, Louisiana, only 4.23% (16)




112. At the Texas Roadhouse restaurant in Lafayette, Louisiana, only 0.76% (3) of the





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113. At the Texas Roadhouse restaurant in Leominister, Massachusetts, none of the

110 FOH employees was in the PAG, compared to an expected rate of 24.91% (27.40), resulting

in a net shortfall of 27.40 PAG employees for that location. This shortfall is statistically


114. At the Texas Roadhouse restaurant in North Dartmouth, Massachusetts, only

1.26% (2) of the 159 FOH employees were in the PAG, compared to an expected rate of 24.81%

(39.45), resulting in a net shortfall of 37.45 PAG employees for that location. This shortfall is


115. At the Texas Roadhouse restaurant in Danvers, Massachusetts, only 0.63% (1) of




116. At the Texas Roadhouse restaurant in Worcester, Massachusetts, none of the 189

FOH employees was in the PAG, compared to an expected rate of 24.91% (47.08), resulting in a



117. At the Texas Roadhouse restaurant in Everett, Massachusetts, which is company-

managed and 59% owned by W. Kent Taylor, Texas Roadhouse’s Chairman and CEO, only




118. At the Texas Roadhouse restaurant in Brockton, Massachusetts, only 0.44% (1) of



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119. At the Texas Roadhouse restaurant in Methuen, Massachusetts, only 0.37% (1) of




120. At the Texas Roadhouse restaurant in Springfield, Massachusetts, only 1.04% (3)




121. At the Texas Roadhouse restaurant in Hagerstown, Maryland, only 8.11% (6) of




122. At the Texas Roadhouse restaurant in Bowie, Maryland, only 3.23% (10) of the




123. At the Texas Roadhouse restaurant in Bangor, Maine, only 0.51% (1) of the 196





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124. At the Texas Roadhouse restaurant in Scarborough, Maine, only 1.82% (4) of the




125. At the Texas Roadhouse restaurant in Sterling Heights, Michigan, only 0.68% (1)




126. At the Texas Roadhouse restaurant in Muskegon, Michigan, only 1.12% (2) of the




127. At the Texas Roadhouse restaurant in Madison Heights, Michigan, only 4.43% (9)




128. At the Texas Roadhouse restaurant in Lansing, Michigan, only 1.40% (3) of the

214 FOH employees were in the PAG, compared to an expected rate of 9.87%, (21.12) resulting



129. At the Texas Roadhouse restaurant in Coon Rapids, Minnesota, only 2.71% (7) of



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130. At the Texas Roadhouse restaurant in Arnold, Missouri, only 0.76% (1) of the 132




131. At the Texas Roadhouse restaurant in Kirkwood, Missouri, which has served as a

training center, only 1.21% (2) of the 165 FOH employees were in the PAG, compared to an

expected rate of 18.51% (30.54), resulting in a net shortfall of 28.54 PAG employees for that

location. This shortfall is statistically significant at 5.62 standard deviations.

132. At the Texas Roadhouse restaurant in Cape Girardeau, Missouri, only 3.35% (7)




133. At the Texas Roadhouse restaurant in Horn Lake, Mississippi, only 4.15% (11) of




134. At the Texas Roadhouse restaurant in Billings, Montana, only 1.68% (5) of the


resulting in a net shortfall of 45.06 PAG employees for that location. This shortfall is statistically

significant at 6.9 standard deviations. Using a limited sample of applicant flow data from the


27

restaurant which showed 12.74% of applicants in the PAG, the net shortfall is 31.27 PAG

employees for that location, which is statistically significant at 5.45 standard deviations.

135. At the Texas Roadhouse restaurant in Lincoln, Nebraska, only 1.12% (2) of the




136. At the Texas Roadhouse restaurant in Omaha, Nebraska, only 2.28% (7) of the




137. At the Texas Roadhouse restaurant in Nashua, New Hampshire, only 3.85% (9) of




138. At the Texas Roadhouse restaurant in Newington, New Hampshire, only 0.79%

(2) of the 253 FOH employees were in the PAG, compared to an expected rate of 25.00%



139. At the Texas Roadhouse restaurant in Turnersville, New Jersey, only 0.81% (1) of





28

140. At the Texas Roadhouse restaurant in Millville, New Jersey, only 2.01% (4) of the




141. At the Texas Roadhouse restaurant in Albuquerque, New Mexico, none of the 340


net shortfall of 58.96 PAG employees for that location. This shortfall is statistically significant at

8.37 standard deviations. Using a limited sample of applicant flow data from the restaurant

which showed 10.09% of applicants in the PAG, the net shortfall is 34.31 PAG employees for

that location, which is statistically significant at 6.09 standard deviations.

142. At the Texas Roadhouse restaurant in Reno, Nevada, only 6.62% (9) of the 136




143. At the Texas Roadhouse restaurant in Kingston, New York, only 1.11% (2) of the




144. At the Texas Roadhouse restaurant in Tonawanda, New York, only 1.63% (3) of





29

145. At the Texas Roadhouse restaurant in Syracuse-Dewitt, New York, only 0.96%




146. At the Texas Roadhouse restaurant in Vestal, New York, only 0.91% (2) of the




147. At the Texas Roadhouse restaurant in Watertown, New York, only 2.03% (5) of




148. At the Texas Roadhouse restaurant in Greenville, North Carolina, none of the 196




149. At the Texas Roadhouse restaurant in Burlington, North Carolina, only 0.89% (2)




150. At the Texas Roadhouse restaurant in Wake Forest, North Carolina, only 1.31%



30



151. At the Texas Roadhouse restaurant in Winston-Salem, North Carolina, only




152. At the Texas Roadhouse restaurant in Durham, North Carolina, only 1.98% (9) of




153. At the Texas Roadhouse restaurant in Fargo, North Dakota, only 1.55% (4) of the

258 FOH employees were in the PAG, compared to an expected rate of 8.52% (21.98), resulting



154. At the Texas Roadhouse restaurant in Grand Forks, North Dakota, only 1.13% (3)




155. At the Texas Roadhouse restaurant in Bismarck, North Dakota, only 1.74% (5) of





31

156. At the Texas Roadhouse restaurant in Fairborn, Ohio, none of the 137 FOH

employees was in the PAG, compared to an expected rate of 16.87% (23.11), resulting in a net



157. At the Texas Roadhouse restaurant in Brooklyn, Ohio, only 1.83% (5) of the 273




158. At the Texas Roadhouse restaurant in Hamilton, Ohio, only 2.16% (6) of the 278




159. At the Texas Roadhouse restaurant in Tulsa, Oklahoma, only 1.15% (4) of the 347




160. At a Texas Roadhouse restaurant in south Oklahoma City, Oklahoma, only 1.04%




161. At another Texas Roadhouse in west Oklahoma City, Oklahoma, only 2.33% (10)



32



162. At the Texas Roadhouse restaurant in Dickson City, Pennsylvania, only 2.48% (5)




163. At the Texas Roadhouse restaurant in Bethlehem, Pennsylvania, only 1.80% (4)




164. At the Texas Roadhouse restaurant in State College, Pennsylvania, only 0.42% (1)




165. At the Texas Roadhouse restaurant in York, Pennsylvania, only 1.19% (3) of the




166. At the Texas Roadhouse restaurant in Camp Hill Pennsylvania, only 1.98% (5) of





33

167. At the Texas Roadhouse restaurant in Erie, Pennsylvania, only 0.78% (2) of the




168. At the Texas Roadhouse restaurant in Lancaster, Pennsylvania, only 2.55% (7) of




169. At the Texas Roadhouse restaurant in Reading, Pennsylvania, only 1.42% (4) of




170. At the Texas Roadhouse restaurant in Harrisburg, Pennsylvania, only 2.43% (7)




171. At the Texas Roadhouse restaurant in Warwick, Rhode Island, only 0.67% (1) of




172. At the Texas Roadhouse restaurant in Cranston, Rhode Island, only 0.49% (1) of



34



173. At the Texas Roadhouse restaurant in Sioux Falls, South Dakota, only 3.68% (13)




174. At a Texas Roadhouse restaurant in east Knoxville, Tennessee, only 8.18% (9) of


resulting in a net shortfall of 5.49 PAG employees for that location. This shortfall was not


175. At another Texas Roadhouse restaurant in west Knoxville, Tennessee, only 6.71%




176. At the Texas Roadhouse restaurant in Chattanooga, Tennessee, only 0.75% (1) of




177. At the Texas Roadhouse restaurant in Memphis, Tennessee, only 2.31% (9) of the





35

178. At a Texas Roadhouse in El Paso, Texas, only 3.60% (9) of the 250 FOH

employees were in the PAG, compared to an expected rate of 16.50% (41.25), resulting in a net



179. At the Texas Roadhouse restaurant in Mansfield, Texas, only 1.33% (4) of the




180. At the Texas Roadhouse restaurant in Mesquite, Texas, only 0.84% (3) of the 356




181. At the Texas Roadhouse restaurant in Brownsville, Texas, only 0.80% (3) of the




182. At a Texas Roadhouse restaurant in Houston, Texas, only 2.93% (11) of the 376




183. At a Texas Roadhouse restaurant in Austin, Texas, only 1.60% (6) of the 376



36



184. At the Texas Roadhouse restaurant in Abilene, Texas, only 1.47% (6) of the 407




185. At the Texas Roadhouse restaurant in Amarillo, Texas, only 1.20% (5) of the 418




186. At a Texas Roadhouse restaurant in Fort Worth, Texas, only 1.39% (6) of the 431




187. At the Texas Roadhouse restaurant in Lubbock, Texas, none of the 434 FOH




188. At the Texas Roadhouse restaurant in Longview, Texas, only 0.91% (4) of the





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189. At the Texas Roadhouse restaurant in College Station, Texas, only 0.22% (1) of




190. At the Texas Roadhouse restaurant in McAllen, Texas, only 1.50% (7) of the 468




191. At the Texas Roadhouse restaurant in Salt Lake City, Utah, only 4.11% (9) of the




192. At the Texas Roadhouse restaurant in South Ogden, Utah, only 3.30% (9) of the




193. At the Texas Roadhouse restaurant in St. George, Utah, only 5.47% (15) of the




194. At the Texas Roadhouse restaurant in Virginia Beach, Virginia, only 1.52% (2) of



38



195. At the Texas Roadhouse restaurant in Chesapeake, Virginia, only 1.46% (5) of the




196. At the Texas Roadhouse restaurant in Chantilly, Virginia, only 4.57% (16) of the




197. At the Texas Roadhouse restaurant in Richmond, Virginia, only 1.36% (5) of the




198. At the Texas Roadhouse restaurant in Williston, Vermont, none of the 133 FOH




199. At the Texas Roadhouse restaurant in Eau Claire, Wisconsin, only 0.40% (1) of





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200. At the Texas Roadhouse restaurant in Green Bay, Wisconsin, only 0.38% (1) of




201. At the Texas Roadhouse restaurant in New Berlin, Wisconsin, only 1.09% (3) of




202. At the Texas Roadhouse restaurant in Appleton, Wisconsin, only 1.62% (5) of the




203. At the Texas Roadhouse restaurant in Cheyenne, Wyoming, only 1.34% (4) of the



statistically significant at 5.59 standard deviations. Using a limited sample of applicant flow data

from the restaurant which showed 9.62% of applicants in the PAG, the net shortfall is 24.67

PAG employees for that location, which is statistically significant at 4.75 standard deviations.

204. For these 135 restaurants, the total net shortfall was 5,801.59 individuals in the

PAG over the time period covered by Texas Roadhouse’s data. Measured against the weighted

average of all of the local expected rates from the Census EEO data, this result is statistically



40

Examples of Individuals in the PAG Who Were Denied Employment by Texas Roadhouse Based on Age

205. In addition, as discussed in paragraphs 63 through 204 above and more

particularly in paragraphs 206 to 260 below, Texas Roadhouse has denied employment to at least

thousands of individual applicants age 40 and over based on their age (see paragraph 204 above)

including, but not limited to, the individuals listed below, and all persons in like or related

circumstances. The individuals were denied employment based on their age at Texas Roadhouse

restaurants from January 1, 2007, to the present. These examples are illustrative and are not

intended to be exhaustive.

206. Annette Anderson was 45 when she applied for a server position for a soon-to-

open restaurant in Coon Rapids, Minnesota on December 21, 2006. She was called in for an

interview after submitting her application. During the interview, she described her many years

of experience as a server. The interviewer told her that Texas Roadhouse was a fast-paced

environment, and Anderson replied, “Great, so is my other job.” After the interview, Anderson

saw posted photographs of servers who had been hired and they all appeared young. She called

to follow-up on her application after not hearing back from Texas Roadhouse. A manager told

her they were not sure if she would be a good match for the restaurant, but that she was welcome

to re-apply in the future. Texas Roadhouse did not hire Anderson. This restaurant had a

shortfall of FOH employees in the PAG, which is statistically significant at 4.16 standard

deviations. (See paragraph 129 above).

207. Joanne Anderson was 46 years old when she applied on July 31, 2008, to be a

server at a Texas Roadhouse that was just opening in Mobile, Alabama. During her interview a

manager told her about the “fast pace” of the restaurant. Anderson told the interviewer she could

handle it because of her years of experience as a server and in management. Anderson also


41

observed only young servers while at the restaurant. In Anderson’s presence, the manager told

an applicant in her early twenties that she would be called about starting training. Texas

Roadhouse did not hire Anderson. This restaurant had a shortfall of FOH employees in the PAG,

which is statistically significant at 6.7 standard deviations. (See paragraph 69 above).

208. Kristina Anderson was 43 or 44 when she applied for a server position in Coon

Rapids, Minnesota in or around the fall of 2008. She had more than 15 years of server

experience when she applied. During her interview, a manager asked Anderson about how she

thought she would fit in the Texas Roadhouse environment and how Anderson felt about

working with a younger crowd. The manager also informed Anderson that Texas Roadhouse

was a very fast-paced environment. Anderson told the manager that she was excited about the

environment, that she really enjoyed working with young people, and that she was a “kid” at

heart. When she called back to ask about her application, she was told that there was no job

available, and that the restaurant had hired someone else. Texas Roadhouse did not hire

Anderson.

209. Tammy Atchison was 44 when she applied on February 25, 2008, for a server

position at the Coon Rapids, Minnesota, Texas Roadhouse restaurant. She had over twenty years

of serving experience at the time. She dropped off an application and was told that a manager

would be in touch. She was not called or hired by Texas Roadhouse.

210. Robin Bergeron was 52 when she applied on July 8, 2009, for a server position at

the Coon Rapids, Minnesota, Texas Roadhouse restaurant. At the time, she had more than 25

years experience as a server and had just lost her serving job of nine years when that restaurant

closed. During her interview, a manager said they were looking for someone upbeat, and told

Bergeron what they expected from their servers. Bergeron discussed her many years of


42

restaurant experience and gave examples of how she would deliver good customer service.

Texas Roadhouse did not hire her. Bergeron later learned that Texas Roadhouse hired a

substantially younger colleague with less serving experience that Bergeron knew from her

previous job.

211. Leesa Bettcher was 55 when she applied for a server position at the Dubuque,

Iowa, restaurant in 2011, before the restaurant opened. She told the interviewer that she could

work the evening schedule, and the interviewer told her that she had a good application.

Bettcher made repeated visits to the trailer where Texas Roadhouse was interviewing, but she

was never hired. Texas Roadhouse did hire her 21 year old son.

212. Felicia Brownwell was 41 when she applied on December 8, 2008, for a server or

bartender position at the Mobile, Alabama, Texas Roadhouse restaurant. She had about 3 years

experience waitressing at another steakhouse, and the manager noted her experience on her

application during her interview. The interview was only 10 minutes, and the manager told her

that the work was fast-paced. Texas Roadhouse did not hire Brownwell.

213. Mary Cicero was 48 when she applied in person for a hostess position at the

Bowie, Maryland, Texas Roadhouse restaurant in on June 4, 2009. Cicero was given an

application by a young hostess and she filled it out on the spot. She had worked for eleven years

as a hostess at Outback Steakhouse. When she returned the completed application to the hostess,

the hostess looked at the application and said “1963, that’s a long time ago.” Cicero understood

that the hostess was referring to the year of her birth. Cicero then took her application back from

the hostess and gave it to a restaurant manager, who indicated that he would contact her. Cicero

called the restaurant twice to follow up, but was told that there was no manager available to

speak with her. When she called the third time, she was told that they were no longer hiring.


43

Cicero was not hired by Texas Roadhouse. This restaurant had a shortfall of FOH employees in

the PAG, which is statistically significant at 7.18 standard deviations. (See paragraph 122

above).

214. Virginia Clegg was 58 when she applied on October 10, 2009 for server,

bartender, food runner, hostess, and service assistant positions at the Grand Junction, Colorado,

Texas Roadhouse restaurant. She had extensive server and catering experience at the time she

applied. Clegg received an application from a hostess, which she filled out and then sought to

interview with a manager. The hostess told her that there are certain days and times when the

restaurant interviews applicants. When Clegg returned at the designated time, she could not

enter the restaurant, but saw employees standing in the parking lot. Clegg approached the

employees, and handed her completed application to a manager, who gave her a strange look and

informed her that they were not hiring at the time. Clegg was never hired by Texas Roadhouse.

This restaurant had a shortfall of FOH employees in the PAG, which is statistically significant at

6.43 standard deviations. (See paragraph 80 above).

215. Angela Cupp was about 60 years old when she applied for server and host

positions at the Milton, Florida, Texas Roadhouse restaurant in or about 2010. Cupp had

experience working as a bartender and waitress. Cupp applied in person, filled out an

application, and gave her application to a manager. Although Cupp was told that they would be

in touch, she was never contacted. Cupp made a few follow up calls, and was told each time that

someone would call her back about the status of her application. No one ever called her back.

Cupp has dined at the restaurant a few times and has never seen anyone older than their early 20s

serving or hosting. Texas Roadhouse never hired Cupp.


44

216. Roger Dalphian was 43 when he applied for a bartender position on January 12,

2007, at the Manchester, Connecticut, location right before it opened, when it was publicly

advertising job openings. He spoke to an employee for a few minutes when he applied. He had

more than 20 years of bartending experience. When he called Texas Roadhouse to inquire about

his application, he was told that their hiring was “all set” and that he would not be hired.

217. Jim DeLeo was 60 when he applied on January 24, 2007, for a host position in

Manchester, Connecticut a few weeks before the restaurant’s grand opening in 2007. He had

hosting experience when he applied. DeLeo noticed that he was the oldest person in the room

where applicants were waiting for interviews. During his interview, a manager told DeLeo that

he was not a good “fit” and that it would not work out. The manager also informed DeLeo that if

he looked around the room he would see why he was not a good fit, and reiterated that Texas

Roadhouse was looking for younger employees. DeLeo was not hired by Texas Roadhouse.

218. Laura DeShiro was 40 old when she applied for a server position in Plattsburgh,

New York, in September 2011 when that restaurant first opened. She told a manager about her

nearly 25 years of server and catering experience during her short interview. After the interview,

she was taken into a trailer, where an employee took her photograph and put her name up on a

chalkboard next to her photo. She was told that she would be called back within 48 hours for a

second interview if Texas Roadhouse was interested. Texas Roadhouse did not interview

DeShiro again or hire her.

219. Maria DeSimone was 40 when she applied for a server or hostess position at the

Palm Bay, Florida, Texas Roadhouse restaurant in or around March 2009. At the time of her

application, she had two years of hostess experience and other relevant work experience. When

she applied, there was a sign in the restaurant’s window indicating that Texas Roadhouse was


45

hiring. Although a restaurant manager said he would review her application and get back to her,

she never received a call back. When she called the restaurant to follow up on her application,

she was told that Texas Roadhouse was not hiring. Despite this, around the time DeSimone

applied, Texas Roadhouse hired the 19 year old daughter of DeSimone’s friend, who had no

restaurant experience. DeSimone was not hired by Texas Roadhouse. This restaurant had a



220. Kris Dille was 42 when he applied in August 2009 for a server position at the

Grand Junction, Colorado, Texas Roadhouse restaurant. Dille had server experience when he

applied, and was told by a friend’s daughter that Texas Roadhouse was hiring. Dille went to the

restaurant to apply in person, and received an application from a hostess who told him that they

were hiring. She said that Dille should bring his completed application back the next day before

the restaurant opened and he could speak to the manager. When Dille returned the next day,

Dille told the manager he wanted to work as a server and handed him the completed application.

The manager told Dille that Texas Roadhouse was not hiring, and he would receive a call in the

future if they were interested in hiring him. No one ever called, and Dille was not hired by

Texas Roadhouse. He has returned to the restaurant to eat several times to eat dinner, and he has

seen only college-aged employees working in FOH positions.

221. Michelle Foley was 40 when she applied for a server position at a Texas

Roadhouse in Milton, Florida in 2009. She had about 4 years of server experience when she

applied. Around the time of her application, she was told that if she wrote down her age on the

application, the restaurant would not interview her because they generally did not hire older

applicants. Foley saw only younger employees when she dined at the restaurant. She noted that


46

there were only young, trim, women servers in their 20s. Texas Roadhouse never contacted or

hired Foley.

222. Tammy Fournia was 45 when she applied for a server position in Plattsburgh,

New York in September 2011 when the restaurant was preparing for its grand opening. She told

the manager who interviewed her that she had over 20 years of server experience and was then

working as a waitress. Fournia told the manager that she could work evening hours, including

weekends. At the end of the interview, the manager asked if he could take her photo. He

explained that the managers wanted to have a face to match to the applications when they later

went back to review them. When Fournia later visited the restaurant as a customer, she saw only

younger people working in FOH positions. Texas Roadhouse did not hire Fournia.

223. Greg Gasaway was 55 when he applied in person in on April 23, 2009, for a

server or bartender position by submitting an application at the Forsyth, Illinois, Texas

Roadhouse restaurant. Gasaway had several years of experience bartending. Texas Roadhouse

never called or hired him.

224. Kelly Gause was 48 when she applied on October 15, 2009, at the Texas

Roadhouse restaurant on Shackleford Road in Little Rock, Arkansas for a server or hostess

position. She had more than four years of experience as a server and hostess. At the time, her 18

year old daughter was visiting, and both mother and daughter applied together at the same time.

An older male manager first interviewed Gause’s daughter for a long time and, although she had

far less experience at the time compared to her mother, offered the daughter a job on the spot.

The manager then told Gause that he was too busy to interview her and she would have to come

back another time. Gause concluded that the restaurant had no intention of giving her a fair

chance at a job given the manager’s unwillingness to meet with her, the immediate hiring of her


47

inexperienced daughter, and the disregard for Gause’s own experience. The manager never

called her back. Gause also observed that all the hostesses and servers seemed to be young girls.

Gause applied again in approximately 2011 at the Texas Roadhouse restaurant at Warden Road

in North Little Rock, Arkansas, for a server position. Texas Roadhouse never hired her.

225. Dean Gibson was 49 when he applied on March 12, 2009, for a server position at

the Albuquerque, New Mexico, Texas Roadhouse restaurant. He had at least five years of server

experience. When he went to the restaurant to submit his application, he spoke to a manager,

who said that he would confer with the other managers about his application and get back to him.

Gibson followed up on his application by calling about a week later, and was told that they

would get back to him. Gibson was never called or hired by Texas Roadhouse. This restaurant

had a shortfall of FOH employees in the PAG, which is statistically significant at 8.37 standard


226. Ann Glick was 45 when she applied in about November 2008 for prep cook and

server positions at the Grand Junction, Colorado, Texas Roadhouse restaurant. Glick had about

four years of bartending and serving experience, and other management and food preparation

experience. When she handed in her application, no one was available to interview her. About

two weeks later, Glick returned and was told that the manager that night was too busy to speak

with her. About one month later, she ate at the restaurant and spoke with a manager when he

checked on their table. Glick told the manager she had applied for a position, had substantial

food preparation experience, and was interested in a serving position. The manager told her that

the restaurant was well staffed at that point, but he would keep the application on file. Texas

Roadhouse did not contact or hire Glick.


48

227. Alan Grant was 44 when he applied in person on October 9, 2009, at the Forsyth,

Illinois, Texas Roadhouse restaurant for a bartender or cook position. He had almost five years

of restaurant experience. He handed his application to a manager and was told that the restaurant

needed people and would call him back the next day for an interview. Grant did not receive any

call the following day, and called the restaurant back three times that week to follow up. No one

from Texas Roadhouse returned his calls and he was not hired. As a repeat customer of the

restaurant, Grant has observed that all of the servers in the restaurant appear college-aged.

228. Lorraine Hamilton was 49 when she applied for a server position in Kennewick,

Washington in November 2011 before the restaurant’s grand opening. She had 25 years of

experience as a server in fast-paced restaurants such as Applebee’s. She was interviewed by a

young manager and told him that she would be able to work the required hours despite going

back to school. The manager replied that “my mom is doing that,” and did not appear to take

Hamilton’s application seriously. Texas Roadhouse did not hire Hamilton.

229. Gregory Hampton was almost 50 years old when he applied for a server position

in Longview, Texas in or around February 2008. He asked a young hostess if the restaurant was

hiring servers and if he could fill out an application. The hostess explained that the restaurant

hired people on and off, or once in a while, but that it usually hired younger people. She also

mentioned that they had a lot of younger people working there. Hampton was not interviewed or

hired by Texas Roadhouse. This restaurant had a shortfall of FOH employees in the PAG, which

is statistically significant at 9.91 standard deviations. (See paragraph 188 above).

230. Lloyd Hentley was 47 when he applied for a bartender position at the Texas

Roadhouse restaurant in Manchester, Connecticut, on January 24, 2007. Hentley had more than

20 years of serving and bartending experience. During his job interview, a manager asked him,


49

“Do you think you’d be a good fit in this environment?” The manager then noted that he had a

“lot of experience.” Texas Roadhouse never hired Hentley.

231. Janice Holloway was 53 years old when she applied several times in 2008 for a

host position at the Colorado Springs, Colorado, Texas Roadhouse restaurant. Holloway asked

in person for an application on three to four separate occasions after eating there with her son.

She was told each time that there were no openings. Texas Roadhouse did not allow Holloway

to complete an application and did not hire her.

232. Lisa Jenia was 51 when she applied on June 2, 2009 for a server position at the

Coon Rapids, Minnesota, Texas Roadhouse restaurant. Jenia heard from an employee at the

restaurant that Texas Roadhouse was hiring servers, and Jenia had over ten years of server

experience. She completed an application and gave it to a manager, who told her that someone

from the restaurant would get back to her. Jenia did not hear back from Texas Roadhouse and

was told by a manager that the position had been filled when she called to follow up. On

subsequent visits to the restaurant as a customer, Jenia observed that all employees appeared to

be under 30 years old. Jenia was not hired by Texas Roadhouse.

233. Corey Jett was 40 when he applied in July 2009 for server and service assistant

positions at the Grand Junction, Colorado, Texas Roadhouse restaurant for the first time. Jett

had over fifteen years of restaurant experience when he applied, including experience as a server

and bartender. While at the restaurant, Jett spoke with a young woman who was also applying

and who said she was a freshman in college. Jett submitted his application to the kitchen

manager, who informed Jett that the front of the house manager was not available and that he

should check back later. When Jett returned to follow up on the status of his application, he saw

that the young woman he met while applying had been hired as a server. When Jett asked for the


50

manager, he was told that the manager was busy and he would have to come back. Jett returned

several more times to follow up, but was never given an interview or hired by Texas Roadhouse.

In 2010, Jett was working as a server at a Chili’s restaurant when he heard that Texas Roadhouse

had hired as a server a less experienced co-worker in his early to mid-20s. Jett, then 41 years

old, again applied to be a server at the Grand Junction, Colorado, Texas Roadhouse because he

believed he outperformed his former co-worker at Chili’s and he had substantially more

experience. Jett went to the restaurant, received an application from the hostess, and filled it out

on the spot. The hostess indicated that someone would call him if they were interested. After

not receiving a call, Jett visited the restaurant to follow up, and was told by the kitchen manager

that someone would call him back if they were interested. Jett was again not hired by Texas

Roadhouse. In 2011, Jett visited the Grand Junction, Colorado, restaurant to inquire about a

server position. Jett spoke to a manager about the position, but was not given a formal interview

and was not hired by Texas Roadhouse.

234. Senay Johnson was 43 when she applied to be a server at the Williston, Vermont,

restaurant in or around 2009. At the time she applied, she had more than 20 years of experience

in the restaurant business. She told the younger manager who interviewed her that she had been

recommended by a current server at Texas Roadhouse’s restaurant who had worked with

Johnson at another restaurant. The manager who interviewed Johnson told her that the restaurant

was not hiring and that they would call her if anything became available. Two days later,

however, Johnson learned from a 21 year old coworker at her current job that she had just been

hired as a server at the Texas Roadhouse restaurant where Johnson had applied. When Johnson

explained that she had not been hired, her coworker, who had substantially less server

experience, said Texas Roadhouse seemed to be hiring only younger women. Johnson called


51

Texas Roadhouse several times to inquire about a job there with no success. She saw only young

servers working at the restaurant when she visited it. Texas Roadhouse never hired Johnson.

This restaurant had a shortfall of FOH employees in the PAG, which is statistically significant at


235. Carol Juliano was 45 when she applied for a server or bartender position on

February 9, 2007, at the Manchester, Connecticut, Texas Roadhouse restaurant. She had seen a

sign outside the restaurant saying that it was hiring, and she had over 20 years experience in the

business. She completed an application, and a manager in his early twenties interviewed her

briefly and asked her only a few questions. After the end of the interview, Juliano asked how she

should follow-up and was told they would call her. No one ever called. Juliano followed up

several times by telephone to see if there were any positions and was told “we’re all set.”

Juliano was not hired by Texas Roodhouse. When she later visited the restaurant as a customer,

she saw that all of the front of the house employees appeared to be in their teens and 20s.

236. Terry Kammerer was 46 when she applied on July 28, 2009 for a server position

at two Louisville, Kentucky, Texas Roadhouse restaurants. Kammerer had over 13 years of

experience as a server and bartender when she applied. After viewing a posting on Craigslist

that indicated Texas Roadhouse was hiring for server positions at all locations, she applied at

Louisville’s Outer Loop Texas Roadhouse. While at the restaurant, Kammerer noticed that the

five or six servers who walked past her looked to be between 18 and 20 years old. After filling

out an application, Kammerer asked the young employee at the hostess station whether she could

speak to a manager, but the employee said that the managers were busy and she would have to

come back. Kammerer then went directly to the Texas Roadhouse on Dutchmans Parkway and

was asked to fill out another application by a young host. She again asked to speak with a


52

manager, but was told the manager was too busy and would call her to follow up. Within one

week, Kammerer returned to the Outer Loop restaurant to check on her application, but was told

by a manager that all positions had been filled. Kammerer also returned to the Dutchmans

Parkway location, but was told by the hostess that the applications were still being reviewed.

She went twice more, but was never given a response or afforded the opportunity to speak with a

manager. Kammerer was never interviewed or hired by Texas Roadhouse.

237. Eva Khaling was 40 years old when she attempted to apply in 2010 for the second

time to be a server at the Texas Roadhouse restaurant in Longmont, Colorado, after having

attempted to apply in 2009 when she was 39. Each time she asked for an application from a

server and was told “We’re not hiring” and not given an application. Khaling had many years of

server and managing experience in restaurants. By contrast, her daughter, age 19 and with no

server experience, filled out an application for a hostess or server position in March 2009.

Within a few days, a manager telephoned the daughter, asked her what type of job she was

looking for, and spoke with her for ten minutes.

238. Karen Laing was 45 when she applied in August 2009 for server, hostess, and

food prep positions and on September 30, 2009, when she applied for server and hostess

positions at a Texas Roadhouse restaurant in Little Rock, Arkansas. She had hosting and

restaurant business experience when she applied. After following up on her applications several

times, she was interviewed. The manager who briefly interviewed her appeared disinterested,

which contrasted with his lively and friendly engagement with the prior, much younger female

applicant. The manager indicated that the restaurant had conducted some type of “study,” and

that it had an idea about what it was looking for in its staff and as a model server. Texas

Roadhouse did not hire Laing.


53

239. Eric Lee was 43 when he applied on January 31, 2009, for a bartender position

with the Cheyenne, Wyoming, Texas Roadhouse restaurant. Lee had heard about available

positions from his high school students who worked there. They encouraged him to apply,

saying it would be fun to work with him there. He submitted his application in person at the

restaurant to a student of his who was a manager at the time. Lee was nevertheless never

interviewed for a position, nor told why. Lee had observed that everyone in FOH positions

appeared to be in their teens or early twenties.

240. Tammy Leonard was 50 in the fall of 2008 when she applied for a server position

at the Texas Roadhouse restaurant in Christiansburg, Virginia. She had substantial serving

experience, including having worked her way through college as a server and having worked at

Applebee’s. A manager in her 20s interviewed her and asked her if she “would fit in” with the

people who worked there. Leonard asked the manager what she meant, and the manager

explained that most of the people who worked at the restaurant were going to college and were

very young. Leonard explained that she didn’t have a problem with that. The manager then

cautioned that “it takes a high energy level to do the job, do you think can handle that?” Leonard

explained that of course she understood the requirements of the job, she knew from many years

of serving that you “don’t get breaks, I know that you don’t sit down, you don’t eat, I’m aware

of the position, I’ve done this job before, and I can keep up with the young bucks around here.”

The interview lasted less than five minutes, and the manager told Leonard that the restaurant

would keep her application on file, and call her if they had a position. The restaurant never

called or hired her. Shortly afterwards, she was hired by Outback Steakhouse.

241. Gary Leone was 55 when he applied on December 28, 2006 for server and

bartender positions at the Manchester, Connecticut, Texas Roadhouse restaurant. Leone had


54

over 12 years of experience as a server and bartender, as well as general restaurant experience,

including catering, at the time he applied. He was interviewed by a manager in a trailer before

the restaurant’s opening. The interview was short and Leone did not believe the manager was

interested in his experience. Leone was not hired by Texas Roadhouse. Leone learned soon

thereafter that a waitress and bartender in training in her mid to late 20s with whom he had

worked elsewhere was hired by the Manchester, Connecticut, Texas Roadhouse restaurant.

242. Jeannie Lira was 50 when she applied in March 2009 for a server position at a

Texas Roadhouse restaurant in Fort Worth, Texas. She had over 15 years of server experience,

including experience at steakhouses. She submitted an application, and, when no one contacted

her, returned a few weeks later and spoke with a manager. When Lira explained to the manager

that she had completed an application and was checking to see if there were any server openings,

the manager told her, “Look around,” and also referred to the atmosphere as “high energy” and

“very fast-paced.” Lira looked around and saw that all of the front of the house employees were

very young. Lira told the manager that she had done this work before and that she could keep up

just fine. The manager never bothered to get her application or ask her about her experience.

The manager told Lira that the restaurant would keep her application on file and call her if they

needed her. No one from Texas Roadhouse ever called her and she was not hired. Lira has also

dined at the restaurant and always observed very young servers and hostesses working there.

243. Nancy Manly was 48 when she applied for a server or hostess position on January

24, 2007, at the Texas Roadhouse restaurant in Manchester, Connecticut. A male manager in his

30s interviewed her for about 10-15 minutes. The manager told Manly that the server job

entailed lifting heavy trays, long hours, and fast-paced work. Manly told the manager that she

was capable of doing that type of work, that she had many years of waitressing experience and


55

had also done a lot of banquet work that involved carrying a lot of trays and heavy items. The

manager said they would get back to her. Manly was not contacted again or hired by Texas

Roadhouse. She knew of a substantially younger server with less serving experience who was

hired around the same time in 2007.

244. Lisa McDermott was 43 years old when she first applied in person for a server

position at the Methuen, Massachusetts, Texas Roadhouse restaurant in or around 2007. She

applied again multiple times at the same restaurant in 2008 and 2009. McDermott had over 14

years of restaurant related experience when she applied, such as working as a server at

Applebee’s. After being rejected a number of times, McDermott decided to leave her date of

birth off of her application in 2009. She was interviewed by a manager, who asked her to

indicate her age on the application. The interviewer then asked about her experience in the

industry. The interviewer told McDermott that the restaurant is a very energetic and fast-paced

environment, and asked her whether she thought she would fit in. McDermott was not hired by

Texas Roadhouse. She knew two people who worked in front of the house positions at Texas

Roadhouse and both were in the their 20s. This restaurant had a shortfall of FOH employees in

the PAG, which is statistically significant at 11 standard deviations. (See paragraph 119 above).

245. Jane McDonough was about 42 years old when she applied in person on

December 7, 2006, for a hostess position at the Coon Rapids, Minnesota, Texas Roadhouse

restaurant just before it opened. McDonough saw large signs advertising positions outside of the

partially constructed restaurant and decided to apply. After filling out an application,

McDonough was interviewed by a manager in his mid-20s. The interviewer said Texas

Roadhouse was a fast-paced and energetic environment and told McDonough that she would

probably be required to sing and dance on the job. McDonough said that this was not an issue


56

because she was a positive and upbeat person. At the end of the interview, McDonough was

asked to come back the next day for a second interview. When McDonough returned the next

day for her second interview, she was told that they had no record of a second interview on their

schedule. McDonough eventually was interviewed for less than 10 minutes by another manager

in her mid-20s. She was told that someone would get back to her, but Texas Roadhouse never

contacted her again or hired her.

246. Donald Melcher was 43 years old when he first applied in person for server and

bartender positions at the Coon Rapids, Minnesota, Texas Roadhouse restaurant in December

2006. Melcher had more than 20 years of restaurant experience in serving and bartending.

Melcher first handed in his application and asked to speak to a manager. A young employee

came out and interviewed Melcher for about two minutes. They spoke about his experience, and

the interviewer said that Melcher would have to start working as a busboy if hired. Although

Melcher was surprised by this considering his extensive experience, he told the interviewer that

he wanted a job and asked her to call him if they needed him. Melcher was not contacted by

Texas Roadhouse. On January 10. 2009, Melcher applied again to the same Texas Roadhouse

restaurant. After filling out an application, Melcher asked to speak to a manager. Like the

previous time he applied, a young employee interviewed him for about two minutes and asked

him similar questions. Melcher was not contacted or hired by Texas Roadhouse. While at the

restaurant, Melcher noticed that all of the hostesses and bussers at Texas Roadhouse appeared to

be of high school age, and all the servers and bartenders appeared to be under 30 years old.

247. Gary Nelson was 52 when he applied on December 28, 2006, for a server position

in Manchester, Connecticut, when the restaurant was preparing for its grand opening and he

observed a sign out front inviting applicants. He told two interviewers about his four to five


57

years of experience as a server and manager at another Connecticut steakhouse. The brief

interview concluded when one of the interviewers told him they would call him if they needed

him. No one ever called, and when Nelson later telephoned the restaurant to follow up, the

restaurant informed him there were no available positions. Texas Roadhouse never hired

Nelson.

248. Stephanie Newstrom was 41 years old when she applied in person on December

28, 2006, for server and bartender positions at the Coon Rapids, Minnesota, Texas Roadhouse

restaurant in 2007, just before it opened. Newstrom had over 10 years of experience working as

a server and a bartender when she applied. After completing the application, Newstrom dropped

it off with a manager who appeared to be in his mid to late 20s. The manager told Newstrom

that they would call her, but no one did. Newstrom called Texas Roadhouse at least four times

regarding the status of her application. Initially, Newstrom was told that they were still

reviewing applications. During her later calls to Texas Roadhouse, Newstrom was told that they

did not know if she would be a good fit. All the employees Newstrom saw in the restaurant

looked young and in their 20s. Texas Roadhouse never hired Newstrom.

249. Lynnette Outlaw was 58 years old when she applied on January 30, 2007, for

service assistant and food runner positions at the Manchester, Connecticut, Texas Roadhouse

restaurant in the winter of 2007, when it had just opened. Outlaw completed an employment

application and was then interviewed by a young manager who asked “Are you sure you want

the late hours? The shifts are long and the work will be heavy.” Outlaw said yes. Outlaw was

not contacted again or hired by Texas Roadhouse.

250. Tammy Pruitt was 50 in March 2012 when she applied for a serving position at

the Texas Roadhouse restaurant in Gainesville, Georgia. She had about 25 years experience as a


58

server and food preparer. Pruitt spoke with a hiring manager for about 10 minutes and described

her experience. Although the manager said he was very impressed with her background and that

she would be at the top of his list when a spot opened up, he never called her back. Pruitt called

the restaurant back to ask about a job at least six times after this visit and asked repeatedly for

the manager she had spoken to. She was told several times that the restaurants was going

through applications and was setting up interviews and that someone would call her, but no one

ever did. Since her application, Pruitt has returned to the restaurant a few times as a customer

and has often observed newly hired servers, and they all appeared to be in their 20s. Texas

Roadhouse never hired Pruitt.

251. Denise Raia was 43 years old when she applied for a server position at the

Manchester, Connecticut, Texas Roadhouse restaurant on December 28, 2006, before it opened.

Raia had 5 to 6 years of experience as a waitress when she applied. She completed an

application and was interviewed for less than 10 minutes. Raia was not contacted again or hired

by Texas Roadhouse.

252. Sharon Rizza was 44 when she applied in 2007 for a bartender position at the

Manchester, Connecticut, Texas Roadhouse restaurant. At the time, the restaurant was

advertising for bartenders. Rizza had over 20 years of experience working as a waitress or

bartender. After she handed in her application, a manager told her that they were looking for

younger people and catered to a younger crowd. At the end of the interview, the manager told

her that he would follow up with her in a few days. After not hearing from him, Rizza followed

up in person, and the same manager told her that they were not hiring at that time. Texas

Roadhouse did not hire Rizza.


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253. Reno Santos was 49 years old when she applied for a server position at Menifee,

California Texas Roadhouse restaurant at the end of 2011, before its opening. She saw a “help

wanted” sign at the construction site and immediately went in to apply. Santos had over 8 years

of experience as a server when she applied. She was first interviewed by a manager, who told

her about the company’s history and emphasized that the restaurant was a loud and active

environment where employees had to be upbeat, outgoing, and participate in line dancing.

Santos replied that she did not have any problem with line dancing. Another manager then

interviewed her and asked whether she had any children and how old they were. Santos told her

that her children were 13 and 10 years old. At a final interview, a manager again asked whether

she was comfortable line dancing and being a part of a loud, boisterous environment. Santos

said yes and referred to her experience at another loud, boisterous environment. Santos was not

contacted again after the interviews or hired by Texas Roadhouse.

254. Laura Shimp was 50 years old when she applied for a server or host position at

the Manchester, Connecticut, Texas Roadhouse restaurant on February 7, 2007. Shimp had 10 to

12 years of server experience when she applied. Shimp completed an application in person and

was interviewed by a manager in his 30s. Shimp observed that the interviewer’s demeanor

changed after he reviewed her extensive experience on her resume and noted that Shimp had

been doing this for a while. She was told that they would contact her for a second interview if

they were interested, but she never heard again from, nor was she hired by, Texas Roadhouse.

Returning shortly after as a customer, Shimp noticed that there was no server over the age of 30.

255. Marilyn Shropshire was 49 when she applied on August 26, 2009, for a serving

assistant, food runner, or dishwasher position at the Texas Roadhouse restaurant in Palm Bay,

Florida. Shropshire filled out an application and gave it to one of the employees who said


60

someone would call her. No one from the restaurant ever called her. She observed young

employees between 16 and 21 years old when she went to the restaurant to apply. She often

visited the restaurant as a take-out customer and observed during those visits that the wait staff is

very young.

256. Douglas Suchy was 47 when he applied on December 16, 2006, for multiple front

of the house positions, including server and bartender, at the Coon Rapids, Minnesota, Texas

Roadhouse restaurant. He had bartender and server experience when he applied. He was told by

a friend that Texas Roadhouse was hiring, and so he applied in person in a trailer adjacent to

where the restaurant would soon open. Suchy was interviewed by a manager, who discussed his

experience and motivation for applying to Texas Roadhouse. The manager said that Texas

Roadhouse was an energetic place and that Suchy would be required to line dance, sing, or

perform skits about every hour. Suchy indicated that he had no problem with those

requirements. His interview lasted only five minutes, and he felt like he was being pushed out

the door. He also observed that younger applicants were given longer interviews. The manager

indicated that someone would get back to him, but he never received a call and was not hired by

Texas Roadhouse. On subsequent visits as a customer, Suchy observed that all employees at the

restaurant appeared to be under 25 years old.

257. Laura Thompson-Nelson was 43 when she applied for a server position at the

Plattsburgh, New York, Texas Roadhouse restaurant in the fall of 2011. A Texas Roadhouse

manager interviewed her in a trailer and then photographed her, and put her name and photo up

on a board. Thompson-Nelson told the manager about her substantial server experience at

Hooters, Ground Round, and Applebee’s. Texas Roadhouse did not hire Thompson-Nelson.


61

Instead, it made an offer to her 22 year old Ground Round co-worker with less server experience,

who declined the position.

258. Timothy Wrigley was 54 when he applied in person on December 2, 2008, to the

Forsyth, Illinois, Texas Roadhouse restaurant for a service assistant or food runner position. He

was given a cursory interview that consisted of a few general questions, with the manager only

glancing at his application. While at the restaurant for the interview, he saw that most employees

appeared to be much younger than 40. Wrigley was not hired by Texas Roadhouse.

259. Sherry Yale was 43 when she applied in-person on September 16, 2009, for a

server position at the Fort Worth, Texas, Texas Roadhouse restaurant on Endicott Avenue. She

had over two years of server experience when she applied. While at the restaurant, Yale was not

given a formal interview, but did speak to a manager, who said that Texas Roadhouse would be

hiring in a few weeks. During this conversation, the manager asked Yale what hours she could

work, and she responded that she was available anytime. The manager dwelled on this point,

asking specifically whether it would be a problem for her to work weekends and holidays. Yale

explained that she can work both weekends and holidays, to which the manager replied that he

knew that people with families had problems with weekends and holidays. Yale stated that her

son was grown up, weekends and holidays were not a problem, and she could work anytime.

The manager said that she should check back with her. Yale called the restaurant to follow up

and was told that no one was available to speak to her, so she left a message. She never received

a return call. She returned to the restaurant in person to follow up, and spoke to the interviewing

manager, who told her that Texas Roadhouse was not hiring. Yale was never hired by Texas

Roadhouse.


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260. Lori Zucker was 49 when she applied several times in 2008, including on August

6, 2008, for a server position at the Manchester, Connecticut, Texas Roadhouse restaurant. She

had extensive experience as a server at the time she applied, which included owning her own

restaurant for over ten years. Zucker applied in-person, and received an application from an

employee who indicated that they were hiring. She filled it out on the spot and submitted it.

After not hearing from Texas Roadhouse, she stopped in to check on the status of her

application. An employee told her that they could not find her application and to fill out a new

one, which she did. The employee told Zucker that the hiring manager, Robin, would be in

touch within a week. When Zucker again did not hear from anyone at Texas Roadhouse, she

followed up by phone a few times, asking for Robin, but was told that Robin was unable to speak

with her. Zucker also stopped by the restaurant to see if Robin was there, and was again told that

Robin was unable to speak with her. On yet another trip to the restaurant to follow up, Zucker

observed a sign in the window indicating that the restaurant was hiring servers and bartenders.

When she entered the restaurant and told the employees present that she had applied yet not

heard anything, she was again told to fill out a another application, which she did on the spot.

After Zucker submitted this third application, the hostess brought the application to the back and

Robin came out to speak with her. Robin said that because she was busy at the time, she would

call Zucker to set up an interview. Zucker was never contacted or hired by Texas Roadhouse.

Additional Anecdotal Evidence of Texas Roadhouse’s Standard Operating Procedure

of Denying Employment to Applicants Based on Age

261. As further described below, as part of its standard operating procedure of denying

employment to applicants in the PAG, Texas Roadhouse discourages persons in the PAG from

applying, fails to give full consideration to their applications, does not respond to queries from

applicants about the status of their applications, and relies on stereotypes of older workers. The


63

following are additional examples of Texas Roadhouse’s discriminatory hiring practices at

specific stores. These examples are illustrative and are not intended to be exhaustive.

262. A woman in her early thirties with server experience applied on October 15, 2008,

for a server position at the Mobile, Alabama, Texas Roadhouse restaurant. During her interview,

a manager told her that he thought she was a little too old to work for them and that they

preferred younger people, who are more energetic. She was not hired by Texas Roadhouse.

This restaurant had a shortfall of FOH employees in the PAG which is statistically significant at


263. One applicant in her late 30s applied in 2009 for a serving position at the Mobile,

Alabama, Texas Roadhouse restaurant. She had server and bartender experience. A manager

told her to wait while he first interviewed two much younger people who had walked in and

applied after she had. While waiting almost 45 minutes for an interview, the older applicant

heard the manager being very friendly with the two younger applicants. When he finally

interviewed the older applicant, he was neither attentive nor interested. The manager asked if

she could lift heavy trays, and whether she knew how to use the touch computer order screen;

she responded that she had done so in other jobs. The manager also asked her if she had any

trouble working with younger people, which she did not. She was not hired by Texas

Roadhouse.

264. A service manager at the Mesa, Arizona, Texas Roadhouse restaurant, who

worked there from its opening in or around 2000 until late 2007, had hiring authority for FOH

positions. The restaurant’s managing partner, who had been trained at Texas Roadhouse’s

headquarters, told her that she needed to hire “younger” people. She also felt additional pressure

to hire younger employees because the managing partner often told her that she needed to hire


64

“cute girls” and “good-looking guys.” Texas Roadhouse senior executives were present for the

store opening and visited the restaurant several more times during her employment. This

restaurant had a shortfall of FOH employees in the PAG, which is statistically significant at 6.46

standard deviations. (See paragraph 74 above).

265. A woman in her late thirties applied for a server position at a Texas Roadhouse

restaurant in west Little Rock, Arkansas in late 2009 or early 2010. The younger manager with

whom she interviewed told her that she “probably wouldn’t fit in” because there were a “younger

group of kids that worked [t]here” and that the “oldest server was 26.”

266. Also in Little Rock, Arkansas, a 37 year old man with many years of server

experience applied in or around June 2009 for a server or service assistant position at a Texas

Roadhouse restaurant that was just opening. Texas Roadhouse managers staying at a nearby

hotel told him that Texas Roadhouse usually hired college kids for the server and lower level

manager positions, and that they did not usually put older people on the floor. When this

applicant interviewed with a young manager at the restaurant, she told him that Texas Roadhouse

usually placed older applicants in the kitchen, and that it hired younger applicants to do the

hosting and work the floor as servers. He was not hired.

267. In Colorado in 2007, a hostess working at the Texas Roadhouse restaurant in

Grand Junction overheard hiring managers say, while they reviewed applications, that they did

not understand why an apparently older person was applying, and that applicants should realize

that only college or high school students would be hired. While employed at this restaurant, this

hostess only worked with high school and college students. This restaurant had a shortfall of

FOH employees in the PAG, which is statistically significant at 6.43 standard deviations. (See

paragraph 80 above).


65

268. In Illinois in or around December 2008, a 26 year old woman applied for a

server/hostess position at the Texas Roadhouse in Forsyth before the restaurant was officially

opened. This applicant filled out an application and checked back in person about a week later.

At this point, the restaurant had just opened, and the applicant spoke to a manager about her

application. The manager asked the applicant how old she was, and she responded 26. The

manager then said “Well at our company, we’d rather you be 21, 22, or younger.” She was not

hired.

269. In Massachusetts, one woman worked as a server at the Texas Roadhouse

restaurant in Methuen. She was 30 when she was hired when it opened, over ten years ago.

After she was hired, her manager looked at her ID and told her that “If I had known you were

this old, I wouldn’t have hired you. We’ll have to see how it works out.” While working there

in or around 2009, this server overheard several age-biased remarks by managers at meetings

that included the managing partner, such as, “We can’t have older people here because they can’t

keep up.” She has also heard managers make disparaging comments regarding older people

having kids and husbands that get in the way. Before finally being fired at age 41 in 2012, the

managing partner of the store called her an “old hag” and she was subjected to repeated age-

related remarks, such as “aren’t you going to get a real job” and “aren’t you getting old for this

job.” This restaurant had a shortfall of FOH employees in the PAG, which is statistically

significant at 11 standard deviations. (See paragraph 119 above).

270. In Michigan, a server and trainer in the PAG from the Texas Roadhouse in east

Knoxville attempted to transfer in 2009 to the Texas Roadhouse restaurant in Madison Heights,

Michigan. She had the full support of the managing partner at the Knoxville location. Before

travelling to Michigan, she spoke with the managers of the Madison Heights location and they


66

assured her that they were excited to have her and that they would get her shifts right away when

she arrived. When she arrived and they saw her, they immediately asked her only if she had any

interest in a back of the house position and told her that they could only give her limited server

hours. After she complained to her managing partner in Knoxville about this treatment, he

contacted the managers in Michigan, who told him that they didn’t know what to do with her

because “she’s not exactly the cheerleading type.” After she learned this, she again contacted the

Madison Heights location and was told that there was no room on the schedule for her. She then

sent her 19 year old niece to apply at the Madison Heights location; the niece was handed an

application right away and told they were hiring. This Madison Heights restaurant had a


deviations. (See paragraph 127 above). This server returned to work at the east Knoxville

location, which alone among Texas Roadhouse restaurants does not appear to have a shortfall of

FOH employees in the PAG that is statistically significant. (See paragraph 174 above.)

271. In Minnesota in 2009, one woman over age 40 applied for an assistant manager

position at the Texas Roadhouse restaurant in Coon Rapids. During her interview, a hiring

manager asked her how she felt about working with young people and told her she would need to

“think young.” The interviewer also told her it was easier to train young people because old

people are already set in their ways. This restaurant had a shortfall of FOH employees in the

PAG, which is statistically significant at 4.16 standard deviations. (See paragraph 129 above).

272. A 39 year old woman applied on March 2, 2009 for a server position at the Coon

Rapids, Minnesota, Texas Roadhouse restaurant. She had over 11 years of experience as a

server. When she dropped off her application in person, she spoke with a young manager who

falsely told her that it was Texas Roadhouse’s policy that employees start out as hosts first before


67

becoming servers. Because she could not afford to accept the lower-paying host position, she

did not pursue her application further.

273. In North Carolina in or around 2007, a 32 year old woman applied for a server

position at the Texas Roadhouse restaurant in Fayetteville. During her interview with a manager

in his mid-40s, the manager asked if she had an issue with younger staff and told her that he likes

the young girls around 18 to 19 years old to wear very short shorts and dance, because that’s

what the clientele want. The manager told this applicant that she was not “young enough for his

taste.”

274. Also in North Carolina, a server who worked at the Texas Roadhouse restaurant

in Fayetteville from 2009-2011 heard the managing partner say that their male customers from

the military did not want to come in and see an older woman. According to this server, the

managing partner had a preferred type of employee: blond or brunette females, thin and under

30.

275. Also in North Carolina, a service manager with hiring authority at the Texas

Roadhouse restaurant in Durham who left in 2008 understood from her training that there was an

unspoken rule that Texas Roadhouse preferred younger employees. This restaurant had a



276. Also in North Carolina, a manager at the Texas Roadhouse restaurant in Asheville

learned from managers at other North Carolina Texas Roadhouse restaurants that she should

avoid taking applications from older applicants even when there were job openings.

277. In Texas, a 45 year old man applied in 2009 for a cook position at the Texas

Roadhouse restaurant in Fort Worth. After he filled out an application, a manager told him that


68

there were no open positions in the back of the house. The same manager told him that although

there was an open host position, Texas Roadhouse was looking for someone “young and perky”

and that he did not fit that category.

278. In Wyoming, the managing partner of the Texas Roadhouse restaurant in

Cheyenne told a server who was employed from in or around 2007 until 2011 that a 40 year old

server cannot do what a 20 year old can. This restaurant had a shortfall of FOH employees in the

PAG, which is statistically significant at 5.59 standard deviations. (See paragraph 203 above).

279. The effect of the practices complained of in paragraphs 1 through 278 above has

been to deprive a class of applicants in the protected age group of equal employment

opportunities and otherwise to affect adversely their status as applicants or potential employees

because of their age.

280. The unlawful employment practices complained of above were willful within the

meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendants, their officers, agents,

servants, employees, attorneys, and all persons in active concert or participation with them, from

engaging in any employment practice which discriminates on the basis of age.

B. Order Defendants to institute and carry out policies, practices and programs which

provide equal employment opportunities for individuals 40 years of age and older, and which

eradicate the effects of their past and present unlawful employment practices.

C. Grant a judgment requiring Defendants to pay appropriate back wages in an

amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest


69

to individuals whose wages are being unlawfully withheld as a result of the acts complained of

above, including but not limited to, individuals aged 40 years of age and older that were not

hired because of their age.

D. Order Defendants to make whole all individuals adversely affected by the

unlawful practices described above, by providing the affirmative relief necessary to eradicate the

effects of their unlawful practices, including but not limited to instatement, reinstatement,

provide front pay in lieu of reinstatement, or otherwise make whole individuals denied

employment because of their age.

E. Order Defendants to advertise, at their expense, to identify presently unidentified

protected age group applicants.

F. Order Defendants to provide training for supervisors and managers at all

corporate levels, specific to the ADEA.

G. Grant such further relief as the Court deems necessary and proper in the public

interest.

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated: August 27, 2012 Boston, Massachusetts

Respectfully submitted, P. David Lopez General Counsel James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel


70

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street, N.E. 4th Floor, Room 5SW30B Washington, D.C. 20507-0100 /s/Elizabeth Grossman________________ Elizabeth Grossman Regional Attorney [email protected] /s/Robert D. Rose________________ Robert D. Rose Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall St., 5th Floor New York, NY 10004-2112 [email protected] /s/Markus L. Penzel__________________ Markus L. Penzel Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506 (617) 565-3193 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on August 27, 2012, I electronically filed the foregoing with the Clerk of the District Court using its CM/ECF system, which then electronically notified all those registered as CM/ECF participants in this case. s/Markus L. Penzel_________________ Markus L. Penzel


amended texas roadhouse complaint

Documents

texas roadhouse management

dba texas roadhouse

defendant texas roadhouse

complaint texas roadhouse

employment act

age discrimination

applicants age

unlawful employment