The New York Times, August 1, 2007, Wednesday

Copyright 2007 The New York Times Company

The New York Times

August 1, 2007 Wednesday

Late Edition - Final

SECTION: Section F; Column 0; Dining, Dining Out/Cultural Desk; Pg. 2

HEADLINE: E.E.O.C. Backs Boulud Workers

BYLINE: By ADAM B. ELLICK

BODY:

IN a lawsuit and a consent decree filed yesterday, the Equal Employment Opportunity Commission backed accusations by workers that Daniel Boulud denied them promotions at his restaurant Daniel because of their race and ethnicity and retaliated against some who complained about it.

But in settling those discrimination charges, the agency said, Mr. Boulud set up a promotion policy that was a model for the industry.

The settlement of a federal discrimination lawsuit filed last year by seven Latin American and Bangladeshi busboys and runners, who take dishes from the kitchen to the dining room, was announced on Monday.

Yesterday, the federal agency announced details of the decree, which settled a lawsuit it filed simultaneously against Mr. Boulud in federal court, accusing him of discrimination.

In the decree, Mr. Boulud denied the charges, but agreed to pay $80,000 in damages to seven plaintiffs as well as an eighth worker who had filed a complaint with the employment commission. Mr. Boulud also agreed to a formal promotions policy that gives the E.E.O.C. and the state attorney general the right to monitor promotions and even review resumes and interview applicants, to ensure that no racial or ethnic discrimination takes place.

''This promotion policy will be a model for the restaurant industry,'' said Lisa D. Sirkin, a lawyer for the agency.

The new promotion policy at Daniel, Ms. Sirkin said, ''is as, or more, comprehensive as other industries, and unheard of in restaurants.''

''Restaurants do things very informally,'' she said. ''When you walk in you don't see people of color in the front.'' Under the plan, she said, ''People will no longer just be hand-picked because they look good.''

The workers had said that the restaurant promoted white French workers to be waiters ahead of nonwhite workers, even those who were more experienced. They also said Mr. Boulud and his top management used racist slurs.

Mr. Boulud did not respond to calls for comment yesterday. But the consent decree, between the government, Restaurant Daniel and the Dinex Group, which oversees Mr. Boulud's five restaurants and his catering company, stipulates that the agreement ''is being entered into solely for the purpose of avoiding the expense and inconvenience of further investigation and litigation.''

Under the agreement the restaurant will distribute its nondiscrimination policy to all employees and will forward any written discrimination complaints to the E.E.O.C. every six months. It will also provide eight hours of managerial training in federal discrimination laws at the Cornell School of Industrial and Labor Relations.

Under the promotions policy, job vacancies will be posted for at least five days and any worker who applies will be interviewed by the general manager. Workers will be told if they are considered unqualified, but there will be annual evaluations.

While current employees will be considered before new hires, a worker won't be promoted purely because of seniority.

The settlement provisions last seven years, a significant duration compared to the more common agreement of two to three years, said the E.E.O.C.

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