Case Summary: United States v. Cracker Barrel Old Country Store (N.D. Ga.)

On May 18, 2009 the court entered an agreed order to modify and extend parts of the existing consent order in United States v. CBOCS, Inc., f/k/a Cracker Barrel Old Country Store, Inc. (N.D. Ga.) filed in 2004. The order continues certain requirements for CBOCS' investigation of complaints of discrimination against customers based on race or color as well as related training and other provisions in order to fully remedy the allegations of the complaint filed by the Justice Department on May 3, 2004. The lawsuit alleged that Cracker Barrel violated Title II of the Civil Rights Act of 1964 by engaging in a pattern or practice of discrimination against African-American customers and prospective customers on the basis of their race or color. The complaint alleged that Cracker Barrel allowed white servers to refuse to wait on African-American customers; segregated customer seating by race; seated white customers before African-American customers who arrived earlier; provided inferior service to African-American customers after they were seated; and treated African-Americans who complained about the quality of Cracker Barrel's food or service less favorably than white customers who lodged similar complaints. The complaint alleged that such conduct occurred in more than 30 percent of the approximately 155 Cracker Barrel restaurants in seven states: Alabama, Georgia, Louisiana, Mississippi, North Carolina, Tennessee, and Virginia, as well as in other states.nThe original consent order, entered on May 4, 2004, which covers all Cracker Barrel restaurants nationwide, required Cracker Barrel adopt and implement effective nondiscrimination policies and procedures; implement new and enhanced training programs to ensure compliance with Title II and the consent order; develop and implement an improved system for investigating, tracking and resolving discrimination complaints; retain an outside contractor to test the compliance of Cracker Barrel restaurants with Title II and the Order; and publicize the company’s nondiscrimination policies.