University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. K-MART CORPORATION EE-FL-0068
Docket / Court 6:01-cv-01133-JA-KRS ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they ... read more >
In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they complained about the harassment in violation of Title VII of the Civil Rights Act of 1964.

Five of the employees intervened as plaintiffs in the case. In January of 2002, Kmart filed for bankruptcy; as a result, the intervening plaintiffs' cases were dismissed. In January of 2006, the EEOC worked out a settlement with Kmart. The charging parties received a total of $35,000 between them. Although the store at which the alleged harassment had taken place was at this point closed, the settlement stipulated that if Kmart ever reopened a store at the same location, it would implement anti-discrimination policies and training for its managerial and supervisory employees.

Kevin Wilemon - 06/03/2008


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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
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
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) 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 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)
6:01-cv-01133-JA-KRS (M.D. Fla.) 01/18/2006
EE-FL-0068-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2001
EE-FL-0068-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez 12/04/2001
EE-FL-0068-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez 01/09/2002
EE-FL-0068-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention of Y'Sheena McCoy 01/09/2002
EE-FL-0068-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consolidation Order 01/15/2002 (M.D. Fla.)
EE-FL-0068-0013 PDF | Detail
Complaint in Intervention of Lisa Williams 01/24/2002
EE-FL-0068-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Voluntary Dismissal with Prejudice 02/01/2002 (M.D. Fla.)
EE-FL-0068-0012 PDF | Detail
Order [Regarding Defendant's Motion to Dismiss] 07/17/2003 (M.D. Fla.)
EE-FL-0068-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to the EEOC's Claims] 11/13/2003 (M.D. Fla.)
EE-FL-0068-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to Individual Plaintiffs] 11/13/2003 (M.D. Fla.)
EE-FL-0068-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 01/18/2006
EE-FL-0068-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Antoon, John II (M.D. Fla.)
EE-FL-0068-0013
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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