University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Consolidated Stores d/b/a Big Lots EE-MD-0023
Docket / Court WMN-01-CV-2380 ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On August 10, 2001, the Baltimore office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Consolidated Stores, Inc. (doing business as Big Lots) in the U.S. District Court for the District of Maryland. The EEOC alleged that the defendants had violated the ... read more >
On August 10, 2001, the Baltimore office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Consolidated Stores, Inc. (doing business as Big Lots) in the U.S. District Court for the District of Maryland. The EEOC alleged that the defendants had violated the rights of the complainants by subjecting them to sexual harassment and retaliating against them when they complained about that harassment.

On October 3, 2001, four of the complainants intervened as plaintiffs in the case. They were joined by one additional complainant who intervened on January 25, 2002. The court granted all of these motions to intervene.

On August 8, 2002, the parties filed a consent decree, which the court adopted on the same day. Under the terms of the decree, the defendants agreed to pay $300,000 in compensatory damages to the complainants in this case and to expunge the employment records of those complainants, deleting any mention of events related to this lawsuit. Within 30 days of the consent decree, the defendants were to have all employees at the Cumberland, Maryland location undergo anti-discrimination training. Defendants agreed to provide the EEOC with a list of all employees who undergo the anti-discrimination training. Defendants agreed to post and distribute notice to all employees of the company's anti-discrimination policies. The defendants agreed to inform all employees that if they were subjected to sexual harassment, they could file a complaint with the company, and the company would investigate the claim and redress the grievance. Defendants also agreed to provide the EEOC with a copy of the anti-discrimination policy that it distributed to each employee under the terms of the decree.

The EEOC reserved the right to conduct on-site reviews of the defendants' facilities and to require additional documentation to ensure compliance during the 2-year life of the decree.

Kristen Sagar - 03/16/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
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) Consolidated 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 2002 - 2004
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)
1:01-cv-02380-WMN (D. Md.) 08/08/2002
EE-MD-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 08/08/2002
EE-MD-0023-0001.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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