University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FRED'S STORES OF TENNESSEE, INC. EE-AR-0019
Docket / Court 5:02-cv-00153-SWW ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In April 2002, the Little Rock Area Office of the EEOC brought this lawsuit against Fred's Stores of Tennessee, Inc. in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, ... read more >
In April 2002, the Little Rock Area Office of the EEOC brought this lawsuit against Fred's Stores of Tennessee, Inc. in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining parties, several female employees, to a hostile work environment consisting of inappropriate sexual actions, overtures, and behavior, resulting in the constructive discharge of the complainants. The complainants intervened in the suit in March 2003. Following a settlement conference, the parties settled the dispute in August 2003 through a consent decree.

The two-year consent decree, containing a non-discrimination and non-retaliation clause, required the defendant to: post and distribute its anti-retaliation policy, provide training to managers and employees of the facility, expunge the employment record of one complaining party and provide a neutral reference, refrain from rehiring the store manager accused of sexual harassment, and pay $54,500 to be distributed among six individuals.

Daisy Manning - 10/09/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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 Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Fred's Stores of Tennessee, 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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2003 - 2005
Case Closing Year 2003
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)
5:02-cv-00153-SWW (E.D. Ark.) 08/15/2003
EE-AR-0019-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/26/2002
EE-AR-0019-0001.pdf | Detail
Order 05/21/2002 (E.D. Ark.)
EE-AR-0019-0004.pdf | Detail
Amended Complaint 06/04/2002
EE-AR-0019-0006.pdf | Detail
Memorandum Opinion and Order 03/17/2003 (E.D. Ark.)
EE-AR-0019-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention 03/21/2003
EE-AR-0019-0008.pdf | Detail
Consent Decree 08/15/2003
EE-AR-0019-0010.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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