Case: EEOC v. K-MART CORPORATION

1:01-cv-00594 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 29, 2001

Closed Date: Nov. 19, 2001

Clearinghouse coding complete

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 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.

Summary Authors

Kevin Wilemon (10/1/2007)

Documents in the Clearinghouse

Document

1:01-cv-00594

Docket [PACER]

EEOC v. K-Mart Corporation

Nov. 19, 2001

Nov. 19, 2001

Docket
1

1:01-cv-00594

Complaint

EEOC v. K-Mart Corporation

Jan. 29, 2001

Jan. 29, 2001

Complaint
12

1:01-cv-00594

Consent Decree

EEOC v. K-Mart Corporation

Nov. 19, 2001

Nov. 19, 2001

Settlement Agreement

Resources

Docket

Last updated March 23, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Jose Jorge Behar and Pamela Sue Moore-Gibbs as attorney(s) for plaintiff EEOC (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

2

ATTORNEY APPEARANCE for defendant by Lawrence Charles DiNardo, Michael Andrew McGuire. (vmj) (Entered: 02/13/2001)

Feb. 12, 2001

Feb. 12, 2001

3

WAIVER of service of summons as to defendant K-Mart sent on 1/29/01. (vmj) (Entered: 02/23/2001)

Feb. 20, 2001

Feb. 20, 2001

4

WAIVER of service of summons as to defendant sent on 1/29/01. (vmj) (Entered: 02/23/2001)

Feb. 22, 2001

Feb. 22, 2001

SCHEDULE set on 2/26/01 by Hon. William J. Hibbler : Status hearing set to 9:15 4/5/01. Parties to comply with the attached pretrial schedule. Mailed notice (jdh) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

6

MOTION by M Andrew McGuire for leave to withdraw as counsel for defendant (Attachment); Notice. (vmj) (Entered: 03/13/2001)

March 6, 2001

March 6, 2001

5

ADDITIONAL ATTORNEY APPEARANCE for defendant by :awrence C. DiNardo, Sabrina C. Turner. (vmj) (Entered: 03/12/2001)

March 8, 2001

March 8, 2001

8

ANSWER by defendant to plaintiff's complaint [1-1]; jury demand. (yp) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

SCHEDULE set on 4/5/01 by Hon. William J. Hibbler : Status hearing held ad continued to 9:15 6/26/01. Parties to comply with FRCP 26(a)(1) by 4/11/01. Identification of class members by 6/15/01. Fact discovery to be completed by 7/16/01. Plaintiff's FRCP 26(a)(2)expert to be completed by 8/16/01. Defendant's FRCP 26(a)(2) expert to be completed by 9/16/01. Filing of dispositive motions with supporting memoranda by 10/17/01. Mailed notice (jdh) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

SCHEDULE set on 6/26/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 8/14/01 for report on settlement. Fact discovery cut-off extended to 8/16/01. Disclosure of plaintiff's experts pursuant to FRCP 26(a)(2) by 9/16/01. Disclosure of defendant's experts pursuant to FRCP 26(a)(2) by 10/16/01. Filing of dispositive motions with supporting memoranda extended to 11/16/01. Mailed notice (jdh) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

9

MOTION by plaintiff to extend discovery cut-off (Attachment); Notice. (vmj) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

10

MINUTE ORDER of 8/14/01 by Hon. William J. Hibbler: Status hearing held and continued to 9/26/01 at 9:15 a.m. Plaintiff's motion to extend discovery cut-off is granted [9-1]. Discovery extended until 9/28/01. Mailed notice (vmj) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

11

MINUTE ORDER of 9/26/01 by Hon. William J. Hibbler : Status hearing held and continued to 11/7/01 at 9:15 a.m. Parties are to complete deposition by 10/26/01. Mailed notice (eav) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

SCHEDULE set on 11/7/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 11/19/01. Parties to submit the Consent Decree to the Court at the next court date. Mailed notice (jdh) (Entered: 11/07/2001)

Nov. 7, 2001

Nov. 7, 2001

12

MINUTE ORDER of 11/19/01 by Hon. William J. Hibbler: Status hearing held. All pending dates and motions are terminated as moot. (Enter Consent Decree) terminating case Notices distributed by judge's staff in court (vmj) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 29, 2001

Closing Date: Nov. 19, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kmart Corporation (Zion, IL), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2001 - 2003

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian