University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. K-MART CORPORATION EE-IL-0138
Docket / Court 1:01-cv-00594 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In January 2001, the Chicago office of the EEOC brought this suit against Kmart Corporation in the U.S. District Court for the Northern District of Illinois. In its complaint, the EEOC alleged that Kmart subjected Hispanic workers at its Zion, IL location to harassment and a hostile work ... read more >
In January 2001, the Chicago office of the EEOC brought this suit against Kmart Corporation in the U.S. District Court for the Northern District of Illinois. In its complaint, the EEOC alleged that Kmart subjected Hispanic workers at its Zion, IL location to harassment and a hostile work environment, in violation of Title VII's prohibition of national origin discrimination. The case was settled by the entry of a consent decree in November 2001. The decree awarded a single complainant $50,000.00 in damages. Additionally, Kmart was required to provide Title VII training to managers and supervisors at its Zion, IL location, maintain records of national origin harassment complaints, and report these complaints to the EEOC on a semi-annual basis.

Kevin Wilemon - 10/01/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action 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 Court Approved Settlement or Consent Decree
Order Duration 2001 - 2003
Case Closing Year 2001
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-00594 (N.D. Ill.) 11/19/2001
EE-IL-0138-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/29/2001
EE-IL-0138-0001.pdf | Detail
Consent Decree 11/19/2001
EE-IL-0138-0002.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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