University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Wal-Mart Stores, Inc. EE-FL-0122
Docket / Court 8:04-CV-01862-SDM-EA ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2004, the Tampa, FL and Miami, FL offices of the EEOC brought this suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Middle District of Florida. The EEOC alleged discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, ... read more >
In August 2004, the Tampa, FL and Miami, FL offices of the EEOC brought this suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Middle District of Florida. The EEOC alleged discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected two female employees of its Bradenton, FL store to a hostile work environment consisting of physical and verbal conduct of a sexual nature, which resulted in the constructive discharge of one of the employees. The bankruptcy trustee of one of the charging parties filed a motion to intervene in the case.

The parties were referred to mediation in January 2005, but they reached an impasse in June 2005 and failed to settle the case. Wal-Mart Stores, Inc. filed two partial motions for summary judgment, in September 2005 and again in December of 2005.

The parties agreed to settle in March 2006. A consent decree was submitted for approval in May 2006 but was rejected by the judge. Another decree, submitted in July 2006, was rejected as well.

Finally, a consent decree was entered in August 2006, and the case was closed. In the decree, the two female complainants were awarded $290,000.00. The defendant was required to post and distribute its anti-harassment policy, provide training to salaried employees, and report to the EEOC on a semi-annual basis.

Kevin Wilemon - 10/02/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
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
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) WAL-MART Stores, 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 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)
8:04-cv-01862-SDM-MSS (M.D. Fla.) 08/31/2006
EE-FL-0122-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/12/2004
EE-FL-0122-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Compel] 12/30/2005 (M.D. Fla.)
EE-FL-0122-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/31/2006
EE-FL-0122-0003 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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