Case: EEOC v. VICTORIA'S SECRET STORES, INC.

2:02-cv-06715 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 13, 2002

Closed Date: June 27, 2003

Clearinghouse coding complete

Case Summary

In this Title VII case, brought in the Eastern District of Pennsylvania by the EEOC's Philadelphia District Office in August 2002, the complaint alleged that the defendant, a nationwide chain of lingerie stores, subjected the charging party, a comanager of a Victoria's Secret store in Langhorne, Pennsylvania, to a hostile working environment because of her race (Black) and religion (Baptist) and failed to accommodate her need to attend religious services. The white store manager, white comanage…

In this Title VII case, brought in the Eastern District of Pennsylvania by the EEOC's Philadelphia District Office in August 2002, the complaint alleged that the defendant, a nationwide chain of lingerie stores, subjected the charging party, a comanager of a Victoria's Secret store in Langhorne, Pennsylvania, to a hostile working environment because of her race (Black) and religion (Baptist) and failed to accommodate her need to attend religious services. The white store manager, white comanagers, and white sales associates repeatedly made offensive remarks and insulted charging party's race and religion. The complaint further alleged that defendant failed to cooperate in scheduling Sunday work so that she could attend church services. As a result of the hostile working environment, the charging party quit her job.

In September 2002, the charging party intervened, adding causes of action under the Pennsylvania Human Rights Act and state tort law. Defendant sought to consolidate the case with another one, but that motion was denied, and the case was given a trial date. After resolution of several discovery disputes, the case was resolved in June 2003 through a consent decree which provided for payment of $179,300 to charging party. We do not have a copy of the decree; therefore, the exact terms of the settlement are unknown.

Summary Authors

Margo Schlanger (6/1/2007)

People


Judge(s)

Waldman, Jay Carl (Pennsylvania)

Attorney for Plaintiff

McEldrew, James J. III (Pennsylvania)

Young, Eric L. (Pennsylvania)

Judge(s)

Waldman, Jay Carl (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

2:02-cv-06715

Docket [PACER]

EEOC v. Victoria's Secret Stores, Inc.

June 27, 2003

June 27, 2003

Docket
1

2:02-cv-06715

Complaint

EEOC v. Victoria's Secret

Aug. 13, 2002

Aug. 13, 2002

Complaint
10

2:02-cv-06715

Order

EEOC v. Victoria's Secret Stores, Inc.

Nov. 4, 2002

Nov. 4, 2002

Order/Opinion
14

2:02-cv-06715

Memorandum Order

EEOC v. Victoria's Secret Stores, Inc.

Jan. 14, 2003

Jan. 14, 2003

Order/Opinion

2003 WL 2003

18

2:02-cv-06715

Order

Equal Employment Opportunity Commission v. Victoria's Secret Stores

Jan. 31, 2003

Jan. 31, 2003

Order/Opinion
20

2:02-cv-06715

Amended Complaint of Intervener Lauren Ellerson

EEOC v. Victoria's Secret Stores, Inc.

Feb. 5, 2003

Feb. 5, 2003

Complaint
23

2:02-cv-06715

Plaintiff-Intervener's Motion for Leave to File a Second Amended Complaint [and Proposed Order]

EEOC v. Victoria's Secret Stores, Inc.

March 12, 2003

March 12, 2003

Pleading / Motion / Brief

2:02-cv-06715

EEOC Litigation Settlement Report -- June 2003

EEOC v. Victoria's Secret Stores, Inc.

No Court

July 1, 2003

July 1, 2003

Press Release

Resources

Docket

Last updated March 27, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against VICTORIA'S SECRET STORES, INC. [dft] , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla].(cw, ) (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

Summons Issued as to VICTORIA'S SECRET STORES, INC. [dft].One Forwarded To: Counsel on 08/13/02 (cw, ) (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla]. (cw, ) (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

2

AFFIDAVIT of Bill Toner, re: served summons and complaint upon Rosie Welsh on behalf of DEFT VICTORIA'S SECRET STORES, INC.; served on 8/19/2002, answer due 9/9/2002. (kw, ) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

3

MOTION TO INTERVENE AS PARTY PLAINTIFFS FILED BY DERRICK ELLERSON, LAUREN ELLERSON, CERTIFICATE OF SERVICE.(mbh, ) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

Issue Joined (mbh, ) (Entered: 09/24/2002)

Sept. 23, 2002

Sept. 23, 2002

5

RESPONSE by DEFT VICTORIA'S SECRET STORES, INC. to MOTION TO INTERVENE OF LAUREN ELLERSON & DERRICK ELLERSON, Memo, Certificate of Service. (kw, ) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

6

MOTION BY DEFT VICTORIA'S SECRET STORES, INC. FOR ADMISSION OF MICHAEL G. LONG, ESQ. & ANDREW C. SMITH, ESQ. PRO HAC VICE, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

7

Memorandum of law by PLFFS DERRICK ELLERSON, LAUREN ELLERSON in support of motion to intervene, Certificate of Service. (kw, ) Additional attachment(s) added on 10/16/2002 (kw, ). (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

8

MOTION BY DEFTS DERRICK ELLERSON, LAUREN ELLERSON FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO INTERVENE, CERTIFICATE OF SERVICE. (REPLY BRIEF ATTACHED).(kw, ) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

9

Response filed by DEFENDANT VICTORIA'S SECRET STORES, INC. to the MOTION OF LAUREN AND DERRICK ELLERSON FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO INTERVENE, Memorandum, Certificate of Service. (mbh, ) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

10

ORDER THAT MOTION OF LAUREN & DERRICK ELLERSON FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO INTERVENE IS GRANTED IN THAT THE REPLY BRIEF SUBMITTED WITH THIS MOTION SHALL BE FILED OF RECORD IN THIS CASE. SIGNED BY JUDGE JAY C. WALDMAN ON 11/1/02.11/5/02 ENTERED AND COPIES MAILED. (kw, ) Additional attachment(s) added on 11/5/2002 (kw, ). (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

11

Reply Brief by DEFTS DERRICK ELLERSON, LAUREN ELLERSON in support of motion to intervene. (See Paper #8) (kw, ) Additional attachment(s) added on 11/25/2002 (ldb, ). (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

12

ORDER GRANTING DEFT'S MOTION FOR ADMISSION OF MICHAEL G. LONG, ESQ. & ANDREW C. SMITH, ESQ. PRO HAC VICE, ETC. SIGNED BY JUDGE JAY C. WALDMAN ON 12/12/02.12/13/02 ENTERED AND COPIES MAILED. (kw, ) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

13

MOTION BY DEFT VICTORIA'S SECRET STORES, INC. TO CONSOLIDATE, MEMORANDUM, CERTIFICATE OF SERVICE.(kw, ) (Entered: 12/23/2002)

Dec. 20, 2002

Dec. 20, 2002

14

MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF THE MOTION OF LAUREN & DERRICK ELLERSON TO INTERVENE, SAID MOTION IS GRANTED AS TO LAUREN ELLERSON'S REQUEST TO INTERVENE IN THE TITLE VII ACTION & TO PURSUE A PARALLEL PHRA CLAIM, & THE MOTION IS OTHERWISE DENIED. SIGNED BY JUDGE JAY C. WALDMAN ON 1/13/03. 1/14/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

15

STIPULATION AND ORDER THAT PLFF EEOC WILL BE GIVEN UNTIL 1/24/03 TO RESPOND TO DEFT'S MOTION TO CONSOLIDATE. SIGNED BY JUDGE JAY C. WALDMAN ON 1/16/03. 1/17/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 01/17/2003)

Jan. 16, 2003

Jan. 16, 2003

16

Intervenor COMPLAINT, filed by LAUREN ELLERSON, Certificate of Service.(kw, ) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

17

NOTICE of Appearance by JAMES J. MCELDREW III, ESQ. on behalf of LAUREN ELLERSON. (kw, ) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

18

ORDER THAT DEFT'S MOTION TO CONSOLIDATE IS DENIED. SIGNED BY JUDGE JAY C. WALDMAN ON 1/30/03.1/31/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) Additional attachment(s) added on 1/31/2003 (kw, ). (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

19

SCHEDULING ORDER THAT CASE WILL BE PLACED IN THE TRIAL POOL ON 9/1/03. ALL DISCOVERY SHALL BE COMPLETED BY 7/23/03, ETC. IN THE EVENT A DEPOSITION IS TO BE OFFERED, THE OFFERING PARTY SHALL FILE WITH THE COURT, PRIOR TO THE COMMENCEMENT OF THE TRIAL, A COPY OF THE DEPOSITION TRANSCRIPT, ETC. SIGNED BY JUDGE JAY C. WALDMAN ON 2/4/03. 2/5/03 ENTERED AND COPIES MAILED: COPIES FAXED BY CHAMBERS ON 2/4/03.(kw, ) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

20

AMENDED COMPLAINT against VICTORIA'S SECRET STORES, INC., filed by INTERVENOR LAUREN ELLERSON; Jury demand, Certificate of Service.(kw, ) Additional attachment(s) added on 2/6/2003 (ldb, ). (Entered: 02/06/2003)

Feb. 5, 2003

Feb. 5, 2003

21

ANSWER and Affirmative Defenses by DEFT VICTORIA'S SECRET STORES, INC. to Amended Complaint of Intervenor Lauren Ellerson, Certificate of Service.(kw, ) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

22

NOTICE of Appearance by ERIC L. YOUNG on behalf of LAUREN ELLERSON (YOUNG, ERIC) (Entered: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

23

FIRST MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT FILED BY LAUREN ELLERSON, MEMORANDUM, CERTIFICATE OF SERVICE. (YOUNG, ERIC) Modified on 3/13/2003 (np). (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

24

RESPONSE by DEFT VICTORIA'S SECRET STORES, INC. to plff-intervenor's motion for leave to file a second amended complaint, Memorandum, Certificate of Service; Jury demand. (kw, ) (Entered: 03/27/2003)

March 26, 2003

March 26, 2003

DEMAND for Trial by Jury by DEFT VICTORIA'S SECRET STORES, INC. (kw, ) (Entered: 03/27/2003)

March 26, 2003

March 26, 2003

25

ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF JUDGE JAY C. WALDMAN TO THE CALENDAR OF JUDGE HARVEY BARTLE III SUBJECT TO FURTHER ORDER OF THIS COURT. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 4/3/2003. 4/3/2003 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) Modified on 4/8/2003 (mbh, ). (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

26

REPLY to Response to Motion re 23 First MOTION for Leave to File Second Amended Complaint filed by LAUREN ELLERSON. (YOUNG, ERIC) (FILED IN ERROR BY ATTORNEY; DOCUMENT WAS ACTUALLY A MOTION) Modified on 4/4/2003 (np). (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF MOTION TO FILE A SECOND AMENDED COMPLAINT FILED BY INTERVENER PLAINTIFF LAUREN ELLERSON,MEMORANDUM, CERTIFICATE OF SERVICE. (REPLY BRIEF ATTACHED) (SEE PAPER #26 FOR ATTACHMENTS)(np) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

27

MOTION TO COMPEL DEFENDANT TO PRODUCE COMPLETE DISCOVERY RESPONSES AND FOR SANCTIONS FILED BY LAUREN ELLERSON, CERTIFICATE OF SERVICE. (YOUNG, ERIC) Modified on 4/24/2003 (np). (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

28

ORDER THAT PLFF-INTERVENER LAUREN ELLERSON'S MOTION TO COMPEL DEFT TO PRODUCE COMPLETE DISOVERY RESPONSES & FOR SANCTIONS IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY JUDGE HARVEY BARTLE III ON 4/24/03.4/25/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

29

MOTION for Protective Order filed by VICTORIA'S SECRET STORES, INC..Motion, Memorandum of Law, Certification of Good Faith, Proposed Order. (Attachments: # 1 # 2 # 3)(STEINMILLER, HEATHER) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

30

CONSENT DECREE AND ORDER FILED WITH COURT APPROVAL. THIS CASE SHALL BE & HEREBY IS DISMISSED WITH PREJUDICE, SUBJECT TO THIS COURT'S JURISDICTION TO ENFORCE THE PROVISIONS OF THIS CONSENT DECREE, ETC. SIGNED BY JUDGE HARVEY BARTLE III ON 6/27/03. 6/30/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 06/30/2003)

June 27, 2003

June 27, 2003

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 2002

Closing Date: June 27, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Victoria's Secret Stores, Inc. (Langhorne, Pennsylvannia), Private Entity/Person

Case Details

Causes of Action:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 179300

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Religion discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit