University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Velez v. QVC, Inc. EE-PA-0205
Docket / Court 2:00-cv-05582 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On August 26, 1998, an African-American employee of the QVC, Inc. ("QVC"), a telemarketing television network, along with five other former show hosts, filed a lawsuit under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and 42 U.S.C. § 1981 against QVC in the United States ... read more >
On August 26, 1998, an African-American employee of the QVC, Inc. ("QVC"), a telemarketing television network, along with five other former show hosts, filed a lawsuit under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and 42 U.S.C. § 1981 against QVC in the United States District Court of the Eastern District of New York.

The plaintiffs, represented by private counsel, asked the court for both monetary damages and injunctive relief, alleging discrimination based on both race and sex. First, plaintiffs maintain that those plaintiffs who are members of racial minorities were hired based on the discriminatory practice of "tokenism." Second, plaintiffs allege that the defendant practices discriminatory disparate treatment of racial minority hosts by relegating them to the "graveyard" shifts with no genuine hope of advancement. Third, plaintiffs assert that QVC maintains a hostile work environment with respect to racial minority and female employees. Fourth, plaintiffs maintain that their terminations were the result of discrimination. Lastly, plaintiffs allege that QVC retaliated against them for participating in protected activities under Title VII. Velez v. QVC, Inc. 227 F.Supp.2d 384 (E.D. Penn. 2002).

After two amended complaints, filed January 4, 1999 and April 20, 1999 respectively, the defendant filed a motion to dismiss the case and/or transfer the case to the Eastern District of Pennsylvania. On October 13, 2000, the court (Judge Marilyn D. Go) granted the second piece of the motion, transferring the case and closing the New York version.

On December 26, 2000, the plaintiffs filed a fifth amended complaint, followed by a motion for class certification of March 13, 2001. On August 6, 2001, the court (Judge Eduardo C. Robreno) issued an order denying the plaintiffs motion for class certification without prejudice. On November 29, 2001, the defendant filed several motions for summary judgment, nearly all of which were granted in full on September 27, 2002. On December 2, 2002, the defendant issued a motion to dismiss the remainder of the plaintiff cases, which was denied on June 27, 2003. After a sixth amended complaint was filed by the plaintiffs on July 7, 2003, and a full year of litigation, defendant filed a motion for judgment as a matter of law on June 8, 2004. This motion was granted on June 14, 2004, leading to a civil judgment that ruled in favor of the defendant in nearly every issue.

According to the PACER docket, judgment was entered in favor of the defendant for all claims based upon hostile work environment, all claims based upon discrimination in work assignment on the basis of race, all claims based upon retaliation, and all claims based upon discrimination in compensation on the basis of gender. As to all claims based upon violation of the equal pay act, judgment was entered in favor of the plaintiff, awarding the amount of $67,537. Also, a mistrial was declared as to all claims that the termination of one of the plaintiffs was based upon race.

On April 27, 2006, the court (Judge Robreno) issued an order of a final settlement, dismissing the remainder of the unresolved claims. The details of this settlement are unavailable.

Nathaniel Koslof - 04/26/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
Sex discrimination
General
Disparate Treatment
Pattern or Practice
Retaliation
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) QVC, Inc.
Plaintiff Description All current and former employees of QVC, Inc. who were discriminated against based on race and/or gender.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Settlement
Form of Settlement None on record
Order Duration 2006 - n/a
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:98-cv-05443 (E.D.N.Y.) 08/26/1998
EE-PA-0205-9001.pdf | Detail
2:00-cv-05582 (E.D. Pa.) 09/14/2006
EE-PA-0205-9000.pdf | Detail
General Documents
Order for Motions for Summary Judgment 09/27/2002 (227 F.Supp.2d 384) (E.D. Pa.)
EE-PA-0205-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Civil Judgment 07/02/2004 (E.D. Pa.)
EE-PA-0205-0001.pdf | Detail
Judges Go, Marilyn D. (E.D.N.Y.) [Magistrate]
EE-PA-0205-9001
Nickerson, Eugene Hoffman (E.D.N.Y.)
EE-PA-0205-9001
Robreno, Eduardo C. (E.D. Pa.)
EE-PA-0205-0001 | EE-PA-0205-0002 | EE-PA-0205-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ewing, William H. (Pennsylvania)
EE-PA-0205-9000
Fett, Baree N. (New York)
EE-PA-0205-9000
Rich, Alan J. (New York)
EE-PA-0205-9000 | EE-PA-0205-9001
Rosser, Rachel Castillo (Pennsylvania)
EE-PA-0205-9000
Defendant's Lawyers Char, Christine A. (Pennsylvania)
EE-PA-0205-9000
Davies, Sarah E. (Pennsylvania)
EE-PA-0205-9000 | EE-PA-0205-9001
Disalvio, Julie G. (Pennsylvania)
EE-PA-0205-9000
Fiebach, Robert H. (Pennsylvania)
EE-PA-0205-9000
Kelly, Sarah A. (Pennsylvania)
EE-PA-0205-9000
Ledo, Michelle Ann (Pennsylvania)
EE-PA-0205-9000
Pasek, Jeffrey I. (Pennsylvania)
EE-PA-0205-9000 | EE-PA-0205-9001
Zielinski, Thomas C. (Pennsylvania)
EE-PA-0205-9000 | EE-PA-0205-9001
Other Lawyers Hart, Charles M. (Pennsylvania)
EE-PA-0205-9000
Markind, Johanna E. (Pennsylvania)
EE-PA-0205-9000
Ossip, Michael J. (Pennsylvania)
EE-PA-0205-9000
Weiss, Valerie S. (California)
EE-PA-0205-9001

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