University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. JONES APPAREL GROUP INC and NINE WEST FOOTWEAR CORP EE-NY-0118
Docket / Court 7:04-cv-07781-SCR ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the New York District Office of the EEOC filed this suit against Jones Apparel Group, Inc. and Nine West Footwear Corp. in the U.S. District Court for the Southern District of New York alleging discrimination on the basis of sex and national origin in violation of Title VII of ... read more >
In September 2004, the New York District Office of the EEOC filed this suit against Jones Apparel Group, Inc. and Nine West Footwear Corp. in the U.S. District Court for the Southern District of New York alleging discrimination on the basis of sex and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the charging party, a female Hispanic employee, to sexual harassment consisting of solicitations for sex, offensive comments, and unwelcome touching. In addition, the defendant subjected the charging party to a hostile work environment on the basis of national origin as well, making offensive and demeaning comments that ridiculed her because she was Hispanic. The defendant also retaliated against the charging party after she complained of the harassment by threatening to fire her and further harassing her, resulting in her constructive discharge. After a few scheduling orders, the parties submitted a preliminary consent decree for approval in September 2005, but they did not reach a final agreement until May 2006 when the final consent decree was approved by the Court.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of resolution, maintain and distribute anti-discrimination policies and complaint procedures, provide annual EEO training for all employees, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay $600,000 into a Claims Fund to be distributed to the victims of sexual harassment, national origin harassment or retaliation and to provide the charging party with a neutral reference.

Michele Marxkors - 06/15/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
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
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Jones Apparel Group, Inc.
Nine West Footwear Corp.
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 2006 - 2009
Case Closing Year 2006
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)
7:04-cv-07781-SCR (S.D.N.Y.) 05/17/2006
EE-NY-0118-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2004
EE-NY-0118-0002.pdf | Detail
Consent Decree 09/21/2005
EE-NY-0118-0003.pdf | Detail
Consent Decree (Final) 05/17/2006
EE-NY-0118-0004.pdf | Detail
Nine West, Jones Apparel Group to Pay $600,000 to Settle National Origin and Sex Bias Suit 05/22/2006
EE-NY-0118-0001.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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