University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FOOTSTAR, CORPORATION dba FOOTACTION, USA EE-TX-0127
Docket / Court 3-97CV1570-R ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Dallas District Office of the EEOC brought this Title VII suit against Footstar Corporation d/b/a Footaction, USA in June 1997, in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant failed to promote the charging party (and others similarly ... read more >
The Dallas District Office of the EEOC brought this Title VII suit against Footstar Corporation d/b/a Footaction, USA in June 1997, in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant failed to promote the charging party (and others similarly situated) to Merchandise Manager because of their sex, and the defendant constructively discharged the charging party. The court entered a consent decree in August 1997.

The two year consent decree required the defendant to pay a total sum of $218,000, including at least $62,000 on training. The consent decree also included an anti-discrimination provision, training sessions for the workforce, reports to the EEOC regarding the implementation of the decree requirements, announcement of management job openings, posting notice of the action, and notice of its toll-free number to report discrimination.

Kevin Wilemon - 05/31/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Expungement of Employment Record
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Footstar Corporation
Footstar Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1997 - 1999
Case Closing Year 1997
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)
3:97-cv-01570 (N.D. Tex.) 08/27/1997
EE-TX-0127-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 08/27/1997
EE-TX-0127-0001 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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