University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SMITH'S FOOD AND DRUG CENTERS, INC. D/B/A PRICERITE EE-NM-0037
Docket / Court 2:04-cv-01117-RB-LFG ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the Albuquerque Area Office of the EEOC (with the participation from the Phoenix District Office) brought this suit in the U.S. District Court for the District of New Mexico against Smith's Food and Drug Centers, Inc., d/b/a PriceRite. The EEOC's complaint alleged that PriceRite ... read more >
In September 2004, the Albuquerque Area Office of the EEOC (with the participation from the Phoenix District Office) brought this suit in the U.S. District Court for the District of New Mexico against Smith's Food and Drug Centers, Inc., d/b/a PriceRite. The EEOC's complaint alleged that PriceRite violated Title VII of the Civil Rights Act of 1964 by discriminating on the basis of sex. In particular, the complaint alleged that a PriceRite manager made unwanted sexual comments to the charging party, a female employee, and that he inappropriately touched her creating a hostile work environment.

In November 2004, the charging party and her husband filed a separate action in New Mexico State Court alleging violation of the New Mexico Human Rights Act. In December 2004, this action was removed to federal court and consolidated with the EEOC's case. In January 2005, the charging party and her husband filed a motion for remand which was granted in April 2005. In May 2005, the parties settled all their claims through a two-year consent degree, containing both non-discrimination and non-retaliation clauses.

The decree required PriceRite to: provide the charging party with a neutral reference, distribute their anti-discrimination policies to employees, designate a special investigations officer to investigate discrimination complaints, provide annual EEOC-approved Title VII managerial training, and pay the charging party a sum of $75,000.

Michele Marxkors - 05/30/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Jose Mendoza
Smith's Food & Drug Centers, Inc.
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 2005 - 2007
Case Closing Year 2005
Case Ongoing No
Case Listing EE-NM-0063 : Sandoval, et al v. Pricerite, et al (D.N.M.)
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)
2:04−cv−01417 (D.N.M.) 04/28/2005
EE-NM-0037-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
2:04-cv-01117-RB-LFG (D.N.M.) 05/20/2005
EE-NM-0037-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2004
EE-NM-0037-0001.pdf | Detail
Memorandum Opinion and Order 04/28/2005 (D.N.M.)
EE-NM-0037-0007.pdf | Detail
Consent Decree 05/20/2005
EE-NM-0037-0008.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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