University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Scolari EE-NV-0035
Docket / Court CV-N-04-0229-HDM ( D. Nev. )
State/Territory Nevada
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In May 2004, the EEOC's Los Angeles District Office brought suit against Scolari Food and Drug. The complaint, which was filed in U.S. District Court for the District of Nevada, alleged that the defendant violated Title VII of the Civil Rights Act by subjecting female employees to sex-based ... read more >
In May 2004, the EEOC's Los Angeles District Office brought suit against Scolari Food and Drug. The complaint, which was filed in U.S. District Court for the District of Nevada, alleged that the defendant violated Title VII of the Civil Rights Act by subjecting female employees to sex-based harassment and retaliating against them when they complained.

After a prolonged series of discovery disputes, one of which resulted in Rule 11 sanctions against the EEOC in the amount of $4,000, the defendant moved for summary judgment. The motion was granted in part and denied in part.

In February of 2008, the parties notified the court that they had reached a settlement. A consent decree was file on September 5, 2008. In the decree the defendants are to pay $425,000 to Jennifer Gould and any other employees similarly situated. Defendants are also to expunge the employment records of any similarly situated class member, provide training for both management and hourly employees, distribute and post revised versions of the company's anti-discrimination and anti-harassment policies, and hire an EEOC consultant.

Jennifer Solomon - 05/30/2008


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Pay / Benefits
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) DOES 1-10
Scolari Warehouse Markets, 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 Litigation
Form of Settlement None on record
Order Duration 2008 - 2011
Case Closing Year n/a
Case Ongoing Yes
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)
3:04-cv-00229-DAE-RAM (D. Nev.) 09/05/2008
EE-NV-0035-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint-Civil Rights 05/06/2004
EE-NV-0035-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 07/01/2004
EE-NV-0035-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [] 01/29/2007 (2007 U.S.Dist.LEXIS 20719) (D. Nev.)
EE-NV-0035-0007.pdf | LEXIS | Detail
Document Source: LexisNexis
Second Amended Complaint 03/29/2007
EE-NV-0035-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Order [] 05/23/2007 (488 F.Supp.2d 1117) (D. Nev.)
EE-NV-0035-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree; Order 09/05/2008
EE-NV-0035-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ezra, David Alan (D. Haw.)
EE-NV-0035-0007
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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