University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. K-MART CORPORATION EE-AZ-0064
Docket / Court 2:98-cv-01200-ROS ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she ... read more >
The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she and a class of females were sexually harassed. Complainant additionally alleged that she was terminated in retaliation for opposing these discriminatory practices.

The parties reached an agreement at a settlement conference on January 20, 1999. On March 6, 1999 the case was dismissed. Within the settlement agreement, defendant agreed to provide sexual harassment training to all employees at the level of supervisor or above, to reissue it's sexual harassment policy to all employees, and to post notice of the District Team Manager's presence within the store, to allow for complaints to be made. Defendant additionally agreed to pay $15,000 to the two claimants, to expunge the claimants personal record, and to provide a neutral reference. Lastly, this settlement agreement has a duration of 2 years.

Keri Livingston - 02/21/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Expungement of Employment Record
Neutral/Positive Reference
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Kmart Corporation
Kmart Corporation
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 1999 - 2001
Case Closing Year 1999
Case Ongoing No
Case Listing EE-AZ-0063 : EEOC v. JPI Partners LLC (D. Ariz.)
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)
2:98-cv-01200-ROS (D. Ariz.) 04/06/1999
EE-AZ-0064-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/1998
EE-AZ-0064-0001.pdf | Detail
Document Source: District Court
Stipulation and Order of Dismissal 04/05/1999 (D. Ariz.)
EE-AZ-0064-0002.pdf | Detail
Document Source: District Court
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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