University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Babbitt v. Albertson's Inc. EE-CA-0311
Docket / Court C-92-1883 SBA ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Attorney Organization Impact Fund
Case Summary
On May 27, 1992, a group of female and Hispanic employees filed a lawsuit under the Civil Rights Acts of 1964 and 1866, the California Fair Employment and Housing Act, and the Equal Pay Act against Albertson's Inc. in the Northern California District Court. The plaintiffs, represented by private ... read more >
On May 27, 1992, a group of female and Hispanic employees filed a lawsuit under the Civil Rights Acts of 1964 and 1866, the California Fair Employment and Housing Act, and the Equal Pay Act against Albertson's Inc. in the Northern California District Court. The plaintiffs, represented by private and public-interest counsel, asked the court for injunctive and declaratory relief, claiming that Albertson's engaged in broad-based sex and national origin (Hispanic) discrimination in employment. Besides seeking injunctive relief, plaintiffs also sought an award of back pay, front pay, benefits, compensatory and punitive damages.

Specifically, the plaintiff claimed that Albertson's had discriminated against all female and Hispanic employees with respect to job assignments, compensation, promotions, hours allocation, training, assignment to full-time status, work scheduling, and terms, conditions or privileges of employment, among other issues.

On May 16, 2000, the parties entered into a consent decree wherein Albertson's agreed to implement injunctive relief with for all class members, to promote the utilization of female and Hispanic employees in Albertson's retail stores, and to further promote equal employment opportunities for female and Hispanic employees. Besides agreeing to implement far-reaching injunctive relief, Albertson's agreed to pay $24.5 million to the class. The class is defined as all females employed on or after April 5, 1987, and all Hispanics employed on or after March 19, 1989, who are, have been, or will be employed during the term of the consent decree by Albertson's in its retail stores in California. This excludes the employees of the Meat, Bakery Production and Pharmacy Departments of Albertson's.



On October 5, 1994, the Court (Judge Saundra B. Armstrong) approved the consent decree.

Jenna Chai - 08/04/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Promotion
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Training
Discrimination-basis
National origin discrimination
Sex discrimination
General
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Alberton's Inc.
Plaintiff Description A group of female employees of Albertson's
Indexed Lawyer Organizations Impact Fund
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2000 - 2005
Case Closing Year 2000
Case Ongoing No
Additional Resources
click to show/hide detail
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)
4:92-cv-1883 (N.D. Cal.) 01/12/2000
EE-CA-0311-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion (Regarding Defendant's Motion for A Protective Order) 03/31/1993 (1993 U.S.Dist.LEXIS 21491) (N.D. Cal.)
EE-CA-0311-0002.pdf | LEXIS | Detail
Document Source: LexisNexis
Consent Decree 05/16/2000
EE-CA-0311-0001.pdf | Detail
Judges Armstrong, Saundra Brown (N.D. Cal.)
EE-CA-0311-9000
Hamilton, Phyllis Jean (N.D. Cal.) [Magistrate]
EE-CA-0311-0001 | EE-CA-0311-0001 | EE-CA-0311-0002 | EE-CA-0311-9000 | EE-CA-0311-9000
Monitors/Masters None on record
Plaintiff's Lawyers Borgen, David (California)
EE-CA-0311-0001
Goldstein, Barry L (California)
EE-CA-0311-0001
Larkin, Jocelyn Dion (California)
EE-CA-0311-9000
Mayeda, Mari (California)
EE-CA-0311-0001
Ryu, Donna Miae (California)
EE-CA-0311-9000
Saperstein, Guy T (California)
EE-CA-0311-9000
Defendant's Lawyers Appel, Richard N. (District of Columbia)
EE-CA-0311-0001 | EE-CA-0311-9000
Bookin, Anne G. (California)
EE-CA-0311-0001 | EE-CA-0311-9000
Cohn, Joel M. (District of Columbia)
EE-CA-0311-0001 | EE-CA-0311-9000
Higgins, Trish M. (California)
EE-CA-0311-0001 | EE-CA-0311-9000
Klein, Thomas Preston (California)
EE-CA-0311-9000
Nash, Daniel L. (District of Columbia)
EE-CA-0311-0001 | EE-CA-0311-9000
Remmers, Cynthia L. (California)
EE-CA-0311-0001
Siniscalco, Gary R. (California)
EE-CA-0311-0001 | EE-CA-0311-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -