Business - Written by Beasley Allen on Tuesday, March 2, 2010 12:36 - 92 Comments

Outback Steakhouse settles gender bias suit

Outback Steakhouse has agreed to pay $19 million to settle a sex-discrimination filed by the U.S. Equal Employment Opportunity Commission on behalf of female employees at the restaurant chain. Outback is owned by private-equity investor Bain Capital LLC. It was alleged by the EEOC that Outback, with 950 restaurants worldwide, discriminated against its female workers by denying them equal opportunities to advance. Women “hit a glass ceiling” and couldn’t get promoted to management positions that offered profit-sharing, according to the EEOC.

The EEOC filed the suit in 2006 in federal court in Denver. Judge Christine Arguello has approved the . Outback agreed to start an online application system for employees interested in managerial jobs and hire a vice president of people, a new position. An outside consultant is to monitor compliance. The women alleged they were denied promotions to lucrative managing-partner positions because of their gender.

The is the largest ever for a case handled by the U.S. Equal Employment Opportunity Commission’s district office, which covers Colorado and four other states, according to Rita Byrnes Kittle, a senior trial for the agency in Denver. She had this to say: “The EEOC brokered this far-reaching and comprehensive in the public interest to foster a discrimination-free workplace at Outback.” More than 20,000 current and former female employees at Outback restaurants nationwide could be eligible for awards of up to $100,000 as part of the class. To qualify, employees need at least three years’ tenure with Outback from 2002 to the present. The amount of the award is based on an employee’s experience, position and claims. A claims administrator will send letters to those who may be eligible.

Source: Bloomberg


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Apr 26, 2011 13:14

Hello, I was wondering if there was a contact number to call in order to find out 1. when the checks will be mailed and 2. the amount in which a candidate is receiving. I am an eligible candidate. I have already signed and returned my paperwork. I was curious to these 2 further questions. Thanks.

Stephanie L Bailey
Apr 26, 2011 17:53

I would like to know how much the settlement will be and when it will be mailed…Thanks

May 16, 2011 9:20

when i talked to someone in Feb she told me they would be mailed out in june and that it tells you on the thing that you signed the least amount you will get. hope that helps

Jun 5, 2011 20:22

June 24th will be the mailing date according to the EEOC.

Jun 9, 2011 2:33

I have recieved a confimation letter stating that I was eligible for compensation in the OSI settlement and I completed the doc accepting my inclusion in the claim… that was months ago, I have not recieved any confirmation or update, nor have I been successful in finding a means of contacting ANYONE for information??? Where did you get the date 6/24 Mindy?

Jun 13, 2011 12:24

I contacted Rachel at 303-866-1314 on June 8th and she said the checks will be mailed the last week of June. She didn’t give me a specific date. My award letter stated I would receive a min. of $2k. Hope this helps.

Jun 13, 2011 13:56

I called in February and I was told the checks will be sent out starting June 10th, but from what was told to others it will be later in the month. Does anyone know if the minimum stated on our papers is what we are getting?

Mi Mi
Jun 16, 2011 13:42

I’m getting really tired of waiting to hear something.
Wasn’t this settled in 2007? And the date keeps changing
for claims to be mailed…something is fishy if you ask me.

Jun 18, 2011 14:15

The number to call is 800-207-0343. They said the checks should be sent out June 22nd or June 24th. There was a minimum amount stated in the letter that you should receive. They won’t know the specific amount until these June dates

Jun 22, 2011 17:05

I called to see if they were sent today and they said that they are set to be distributed on June 24. He said that we can call on after that date to see if they were distributed or if there was a delay.

Jun 24, 2011 17:22

Thanks everybody I have been looking for some info. I also received the letter to sign back in April with a min 16k. How do they determine how much each of us get? Is it by years? 13 years with the company, when I was diagnosed with MS I left the job because I could not keep up with the demands. Not even a thank you. Oh well I will take my 16k happily. Thank you to whoever started this lawsuit.

Jun 24, 2011 21:48

I spoke to Rachel on Tuesday of this past week. She said they will For sure go out Friday the 24th. The amount you receive depends on years with the company and the years spent as a higher job tittle. She did say it took so long because there was money not claimed that had to be redistributed. Although she could not give me a dollar figure, it sounded like we will be receiving more then the paper stated. So next week many women will be happy people!

Jun 25, 2011 15:55

I called on the 24th and was told that the checks did not go out and that is was probably getting rescheduled.

Jun 25, 2011 17:37

from everything that i have seen on another site, the checks went out yesterday according to Rochelle at the EEOC via regular mail. Did they tell you when they were being sent out?

Jun 25, 2011 18:30

When I called they said that they had not been sent yesterday. She told me to call back Monday and check again, but that they were probably rescheduling.

Jun 25, 2011 21:49

I wonder why Rochelle at the EEOC’s voicemail still says the checks went out June 24. Who did you call?

Jun 25, 2011 22:59

I called the number we were given on the claim sheet. I spoke with two different reps and they both said the checks weren’t going out on the 24th.

Jun 25, 2011 23:08

when i called the number on the claim sheet, she told me that the computers weren’t updated for the day, but she said that they were scheduled to go out on the 24th. she said to call back on monday for more info as the computers would be updated by then.

Jun 26, 2011 9:26

When i called on the 22nd, he said that the checks were supposed to be mailed on 6/24 and that i would have to call back on the 27th to see if they were sent. He would know on the 27th, so it must have something to do with their computers not updating until the end of the day. I would hope that if there was a delay, that Rochelle at the EEOC would have changed her voice mail, since her message still says they went out on the 24th. So, let’s just hope that they did indeed go out on Friday. If someone calls Monday morning and finds anything out, please let us know.

Jun 26, 2011 10:36

thankyou christine….that is exactly what i got out of it. i am sure she would have changed her voicemail…saying prayers that they are in the mail! i will call in the am and reprt back!

Jun 26, 2011 18:53

I feel left out, can someone give me the number that everyone is calling.

Jun 26, 2011 18:54

i’m sorry, what other websites are you looking at Angie?

Jun 26, 2011 19:27

I’m not sure if this helps anyone, but I also called a couple days ago and the woman said that the checks were being issued on the 24th and sent out on the next business day which would be the 27th (Monday). I am assuming the checks will be here some time at the end of the week (hopefully).

Jun 26, 2011 20:53

it is the number on the bottom of your form that you sent back. 1-800-207-0343. they are open at 9am.

Jun 27, 2011 4:54

That’s the number I’ve been calling.

Jun 27, 2011 6:27

I hope the checks are sent out today!! I doubt Rachele is updating her voicemail. It took her 4 days to get back to me and she seemed annoyed that I had called and wanted to know where her phone number had been posted.

Jun 27, 2011 8:13

Has anyone called today to see if they were mailed out today or friday?

Jun 27, 2011 8:20

i just called and she said that they did go out on friday in regular mail. my check is for a little less than what they estimated. but it is still very nice. so everyone should be recieving thier checks in just a few days!!! YEAHHHHHH!!!

Jun 27, 2011 8:47

How can you get less than what they said your minimum would be???? I was hoping for more :( oh well if not i could use any money at this point

Jun 27, 2011 8:50

I was wondering the same thing.. from what I saw on Cha Cha, they told someone that there was money not claimed, so that is why the whole process took longer because they had to redistribute the money.

Jun 27, 2011 9:05

i know…she said that the figure on the paper was just an estimate and that i would get a letter with the check explaining. maybe they already took the taxes out. my letter said 16k but i am getting 14,500. my husband said that i should demand the rest since i agreed to 16k. oh well…it is found money and i am happy to be getting it after the way they treated me when i worked there for 12 years.

Jun 27, 2011 9:06

Doesn’t seem right if we got less. That was the whole purpose in signing the paper was beacuse I was satisfied with the amount and agreed not to sue for more money. We’ll see how much is there.

Jun 27, 2011 9:45

Tricia, who did you talk to EEOC or the settlement firm??

Jun 27, 2011 10:02

the settlement firm…they are the ones that sent the check out.

Jun 27, 2011 10:34

I just got my check in the mail! they took out some taxes so i got $6800 instead of $7500 but I will take it!

Jun 27, 2011 10:41

Angie- Where do you live? I am just trying to figure out how long it will take a check to get to me in Atlanta.

Jun 27, 2011 10:42

I live in Ohio.

Jun 27, 2011 11:35

So is anyone doing anything about the fact that we are not getting the amount that was agreed on the settlement papers they sent out? I said ok to “a minimum of $x” and believe it is highly unfair if they send less when we are the victims here.

Jun 27, 2011 11:52

The reason it’s less is because the settlement firm is withholding taxes. Not sure how they know our situation or tax liabiities. Last time I checked it was my responsibility to pay my own taxes

Jun 27, 2011 11:53

If they are taking out the taxes I would have to pay at the end of the year for that money then I am okay with it. If not then I have an issue with it. Does the letter explain?

Jun 27, 2011 11:56

Part of the settlement is wages and part is misc income. They only took taxes out of the wages part and yes there is a small statement with it. We will still have to pay taxes on the misc income part. The letter says that they will send you additional tax forms for the amount that they did not tax at the beginning of 2012.

Emily in TN
Jun 27, 2011 12:31

Uggggh pretty disappointed with the fact that they said “your minimum amount is X,” and then giving out less, taxes or not. When they said THE MINIMUM, I assumed it would probably be a bit more than that once all was said and done. If they were estimating, you’d think they would LOW-BALL the total instead of saying your minimum would be the absolute MAXIMUM. See what I mean? I know we should all just be really thankful to be getting anything out of this at all, but I can’t help but think somebody (the law firm, etc?) along the way has skimmed any bit of excess and kept it.

Jun 27, 2011 13:13

good for you angie…i live in florida, so i should get mine in a day or two!!! that means they were for sure in the mail on friday. i am glad they took taxes out cause i was worried about what i would owe next year…this way, i won’t have to worry. i was hoping it would be more also, but ya know….this does help heal the wound a bit. god bless whoever started this!

Jun 27, 2011 15:08

I am so happy to see that we, women, united to get what we deserve after putting up with these sexist pigs. I agree with Emily in TN that they should have low-balled, because check is now short by over a thousand, which these days goes FAR. Let me know if someone gets an answer as to why there was such a discrepancy.

Jun 28, 2011 9:23

did anyone else not get their check yet?

Jun 28, 2011 9:28

Did anyone receive more than the minimum?

Jun 28, 2011 10:02

Tricia, I haven’t received my check either but I also live in south Florida. Hopefully tomorrow :)

Jun 28, 2011 10:15

thankyou kristina….i live in east central florida….i am hoping for tomorrow. i called again today and they said it was definitely sent on friday the 24th from california. thankyou again! :)

Jun 28, 2011 10:43

I’m in Georgia and I haven’t got mine yet either.

Jun 28, 2011 11:26

NC… no check

Jun 28, 2011 11:43

thanks girls. i am feeling better. they must have sent them out in batches. my girlfriend got hers yesterday and she lives in the town next to me. i was starting to get really paranoid. i hate that they sent such large checks out in regular mail. ya know?!?

Jun 28, 2011 12:07

I agree with the regular mail thing. Miami….no check

Jun 28, 2011 12:31

it is RIDICULOUS that they did not send them certified mail… or give us the option when we sent back that form… to have them directly deposited.

I’m sorry, is it not 2011???

Dawn N.
Jun 28, 2011 13:21

no check…PA

Jun 28, 2011 13:22

I’m in SC and received check today. taxes were taken out and the gross amount was for the exact minimum stated in the initial letter. Gonna b thankful for anything!

Jun 28, 2011 14:35

we should have them by tomorrow. If not then they didn’t all go out Friday. I’m in the transporation business and it only takes containers by rail to get here to atlanta 5 days. Most mail comes by truck which clearly moves alot faster than a train.

Jun 28, 2011 14:35

Texas…no check

Jun 28, 2011 17:49


Jun 28, 2011 20:35

CT no checks, I feel like I am stalking the mailman.

Jun 28, 2011 21:08

MD -no check.

I’m glad that I was included in this but I feel like I should be receiving AT LEAST what I agreed to. Does that make sense?

Jun 28, 2011 21:13

I did receive my check today and I live in Tampa, FL area… mail was late today so I thought it didn’t come but to my surprise it did :) Hope everyone gets theirs by tomorrow and have a safe 4th of July!!

Jun 28, 2011 21:43

too funny bj…i am doing the same thing! hopefully i get mine tomorrow.

Jun 29, 2011 7:40

@BJ… me too. I don’t even like my mailman but we are friends now!

got my check yesterday… NC.

Jun 29, 2011 10:19

No check yet -North Carolina I’m interested in how many people received a check for more than the minimum amount stated in their letters.

Jun 29, 2011 10:25

still no check……florida

Jun 29, 2011 10:49

I just got mine here in Georgia minus the taxes they took out.

Jun 29, 2011 10:53

I have not recieved my ck in Kentucky and is everyone getting the amount they sent out in Jan?????

Jun 29, 2011 12:11

Just got mine in the mail. I live in Bel Air, MD. It was $7500, what they said, broken down into $1875 gross wages and $5,625 misc income. They took out deductions for fed, state, OASDI (a distribution fee), Medicare. I ended up $6762.19 net. Bank of America paid the check.

This is what it says

“The amount of your award has been calculated pursuant to the terms of the Consent Decree that was approved by the court. Taxes and other withholdings have been deducted from the wage portion of your settlement award as required by state and federal law.

Early in 2012, you will receive IRS forms W-2 and/or 1099 MISC, as appropriate”

the rest is just notify us of your address changes and seek tax advice.

Jun 29, 2011 12:49

thankyou for the info caryn….from what cha cha says…the lady who started this just got her check in the mail in colorado….and there were over 20,000 checks distributed….so that makes more sense to me why it is taking so long…..praying for it to come tomorrow…..i am so worried since it is such a large check….i am driving my husband and my mailman crazy! god bless everyone.

Jun 29, 2011 13:35

just got mine in MD. got more than i signed onto but im not complaining!

Dawn N.
Jun 29, 2011 14:21

Mine came today PA…

Jun 29, 2011 16:31

Mine came in CT. Good luck ladies, I hope what ever money you received makes a positive inpact on your life. As are mother always said: “Make good Choices”

Jun 30, 2011 10:00

thankyou everyone! i got my check today….florida!! they took out taxes and it was the minimum that i signed for….so i guess next year i will get most of it back when i do my taxes! god bless everyone and i am glad that all the crap i put up with for 13 years was not a waste!!!

Jun 30, 2011 17:21

I received mine yesterday and it was 500 dollars more than what was expected…. yay for finally working for a company for 4 years and not seeing any money too now getting money from them now that I’m long gone! I’m content!

Jul 7, 2011 9:13

I CHASKED THE SETTLE MENT CHEK AND I WITHDREW MONEY BEFORE IT FULLY CLEARED, AND NOW THEY RESTRICTED MY ACCOUNT… said i nbeed to call a lawyer to call bank of america then to call chase =( someone help me

Jul 23, 2011 8:34

My nephew’s wife got hers and bought a motorcycle for her husband we are in Jacksonville, Fl

Jul 25, 2011 23:35

i have worked for Outback since 2000. I sent my letter back and never heard anything else. who do i contact?

Aug 14, 2011 21:27

I just found out about the Law suit today. I worked at outback for 11 years. The only reason I found out about it was because three of my friends I worked with for years received a check last week. I never received a letter or form in the mail. I’m sure it’s to late but who do I contact to see if my name was even on the list and if they sent a letter.

Erin Brentlinger
Aug 15, 2011 11:40

I have just recently heard all about this! I am in shock I have not heard one word about this until yesterday! I worked there for 11 1/2 years. I need to make some calls and check this all out. Like Jennifer posted before me, I am sure its too late!!!! ARGHHHH

Dec 29, 2011 12:29

I’m wanting to get started with my taxes, but I can’t find the paper with the details about this settlement. I know I received around $6800 after taxes. Does anyone know the exact amount that went to state and federal taxes? I really don’t want to wait till they send out the paperwork.

Jan 21, 2012 12:58

Has anyone received their tax information regarding the settlement? I have the check stub that was sent with the check but no EIN on it. I really want to file my taxes and I am just waiting for this info from the settlement. If anyone could be of help, I would appreciate it!

Jan 30, 2012 16:22

Still have not recieved a 1099, really want to file my taxes. Anyone else get one yet?

Jan 30, 2012 18:00

I received a w2 today for the wage part. Are we receiving a 1099 for the other money?

Jan 31, 2012 15:17

Thank you for all of your responses. I haven’t’ yet gotten the W-2 form or a 1099 and that’s the last thing I’m waiting on to file this year.

Feb 1, 2012 12:33


Feb 1, 2012 12:37

i just called the settlement firm and she said that the 1099 are in the mail. so they should be arriving any day now. good luck girls!! happy 2012,

Feb 2, 2012 15:18

I received my w-2 today, in Wisconsin. Are we getting a 1099 also?

Ashley in NC
Feb 8, 2012 15:43

Be careful, ladies…you will receive (if you haven’t already) both a W-2 and a 1099. All of the money that we received that was labeled “miscellaneous” was not taxed. When I entered the information from the 1099, my refund was cut in half.

Feb 9, 2012 6:52

oh great I never got the 1099 and when I got the W-2 I filed my taxes, so we have to pay tax on the rest of the money too??? How the heck does that work it was law suit, we should not have to pay taxes on it, screwed again!!

Feb 22, 2012 12:46

I never knew about or received anything regarding this…These “letters” should have been sent out by certified mail…I wonder who I could call about this…I worked there for many years and am Very Disappointed.

Apr 27, 2013 5:02

I also never received anything regarding this. I randomly heard about this a few years too late, I guess.

Dawne Lomangino DiMauro
Jun 5, 2013 22:18

I received approximately $15,000.00 in the Law Suit settlement I NEVER received the 1099 but I did get the W2. I now have IRS penalties. Where can I get another copy of the 1099???


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