University of Michigan Law School
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Case Name EEOC v. FOOT LOCKER SPECIALTY INC (f/k/a VENATOR GROUP SPECIALTY INC f/k/a F W WOOLWORTH CO INC) EE-NY-0061
Docket / Court 1:99-cv-04758-AGS-KNF ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Foot Locker Specialty, Inc., a nationwide shoe and sporting apparel retailer. The controversy involved the alleged practice of the Defendant to fire workers over the ... read more >
The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Foot Locker Specialty, Inc., a nationwide shoe and sporting apparel retailer. The controversy involved the alleged practice of the Defendant to fire workers over the age of 40 and subsequently replace them with younger workers. The lawsuit was filed in July 1999 and was resolved by consent decree in November 2002. The Defendant filed numerous motions for summary judgment and partial summary judgment, one of which was granted in part. However the court declined to grant the Defendant summary judgment based upon the statute of limitations, EEOC v. Venator Group, Specialty, Inc., 88 Fair Empl. Prac. Cas. (BNA) 157 (S.D.N.Y. 2002). The complainants were awarded $3.5 million. The decree was to last for three years, but just prior to the date when it was set to expire the court extended its reach, stating that the "Decree will not expire until the Court rules that the process has been completed with moneys disbursed in an equtable manner, and with any safeguards the Court deems necessary to assure the fairness of the distribution."

Keri Livingston - 07/07/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Foot Locker Specialty, 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
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - 2005
Case Closing Year 2002
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)
1:99-cv-04758-AGS-KNF (S.D.N.Y.) 11/10/2005
EE-NY-0061-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Order [Regarding Defendant's Motion for Summary Judgment] 02/05/2002 (2002 WL 181709) (S.D.N.Y.)
EE-NY-0061-0003.pdf | WESTLAW | Detail
Consent Decree 11/01/2002
EE-NY-0061-0002.pdf | Detail
Document Source: District Court
EEOC Press Release 11/15/2002
EE-NY-0061-0001.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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