University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY INC EE-MD-0119
Docket / Court 1:04-cv-03114-JFM ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the EEOC instituted this action in the U.S. District Court for the District of Maryland under Title VII of the Civil Rights Act of 1964 against The Great Atlantic & Pacific Tea Company, Inc d/b/a Eight O'Clock Coffee. The EEOC alleged that the defendant had retaliated against an ... read more >
In September 2004, the EEOC instituted this action in the U.S. District Court for the District of Maryland under Title VII of the Civil Rights Act of 1964 against The Great Atlantic & Pacific Tea Company, Inc d/b/a Eight O'Clock Coffee. The EEOC alleged that the defendant had retaliated against an employee for opposing a practice made illegal by Title VII. Specifically, the complainant opposed the defendant's alleged practice of discriminating against another employee on the basis of race. Following an unsuccessful motion for summary judgment by the defendant, the parties agreed to enter into a settlement agreement in order to discharge all claims and end the litigation. The agreement provided that the defendant pay the complainant $85,000, cease retaliating, and create new training workshops to teach employees about equal employment opportunity policies and retaliation.

Kevin Wilemon - 06/30/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
White
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) The Great Atlantic and Pacific Tea Company, Inc.
The Great Atlantic and Pacific Tea Company, 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 Voluntary Dismissal
Order Duration 2005 - 2007
Case Closing Year 2005
Case Ongoing No
Case Listing EE-MD-0118 : EEOC v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (D. Md.)
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)
1:04-cv-03114-JFM (D. Md.) 11/16/2006
EE-MD-0119-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2004
EE-MD-0119-0001 PDF | Detail
Memo To Counsel Re: EEOC v. The Great Atlantic & Pacific Tea Co Inc [Order Denying Motion for Summary Judgment] 02/09/2005 (D. Md.)
EE-MD-0119-0002 PDF | Detail
Settlement Agreement 08/17/2005
EE-MD-0119-0003 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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