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Case Name
Babbitt v. Albertson's Inc.
EE-CA-0311
Docket / Court
C-92-1883 SBA ( N.D. Cal. )
State/Territory
California
Case Type(s)
Equal Employment
Special Collection
Private Employment Class Actions
Attorney Organization
Impact Fund
Case Summary
On May 27, 1992, a group of female and Hispanic employees filed a lawsuit under the Civil Rights Acts of 1964 and 1866, the California Fair Employment and Housing Act, and the Equal Pay Act against Albertson's Inc. in the Northern California District Court. The plaintiffs, represented by private ...
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On May 27, 1992, a group of female and Hispanic employees filed a lawsuit under the Civil Rights Acts of 1964 and 1866, the California Fair Employment and Housing Act, and the Equal Pay Act against Albertson's Inc. in the Northern California District Court. The plaintiffs, represented by private and public-interest counsel, asked the court for injunctive and declaratory relief, claiming that Albertson's engaged in broad-based sex and national origin (Hispanic) discrimination in employment. Besides seeking injunctive relief, plaintiffs also sought an award of back pay, front pay, benefits, compensatory and punitive damages.
Specifically, the plaintiff claimed that Albertson's had discriminated against all female and Hispanic employees with respect to job assignments, compensation, promotions, hours allocation, training, assignment to full-time status, work scheduling, and terms, conditions or privileges of employment, among other issues.
On May 16, 2000, the parties entered into a consent decree wherein Albertson's agreed to implement injunctive relief with for all class members, to promote the utilization of female and Hispanic employees in Albertson's retail stores, and to further promote equal employment opportunities for female and Hispanic employees. Besides agreeing to implement far-reaching injunctive relief, Albertson's agreed to pay $24.5 million to the class. The class is defined as all females employed on or after April 5, 1987, and all Hispanics employed on or after March 19, 1989, who are, have been, or will be employed during the term of the consent decree by Albertson's in its retail stores in California. This excludes the employees of the Meat, Bakery Production and Pharmacy Departments of Albertson's.
On October 5, 1994, the Court (Judge Saundra B. Armstrong) approved the consent decree.
Jenna Chai - 08/04/2010
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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Promotion
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Training
Discrimination-basis
National origin discrimination
Sex discrimination
General
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action
Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Case Details
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Defendant(s)
Alberton's Inc.
Plaintiff Description
A group of female employees of Albertson's
Indexed Lawyer Organizations
Impact Fund
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Damages
Injunction / Injunctive-like Settlement
Source of Relief
Litigation
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
2000 - 2005
Filed
05/27/1992
Case Closing Year
2000
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
N.D. Cal.
01/12/2000
4:92-cv-1883
EE-CA-0311-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
03/31/1993
Opinion (Regarding Defendant's Motion for A Protective Order)
(1993 U.S.Dist.LEXIS 21491)
EE-CA-0311-0002.pdf
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LEXIS
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Detail
Source: LexisNexis
N.D. Cal.
05/16/2000
Consent Decree
EE-CA-0311-0001.pdf
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Detail
People
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Judges
Armstrong, Saundra Brown
(N.D. Cal.)
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EE-CA-0311-9000
Hamilton, Phyllis Jean
(N.D. Cal.) [Magistrate]
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EE-CA-0311-0001 | EE-CA-0311-0002 | EE-CA-0311-9000
Plaintiff's Lawyers
Borgen, David
(California)
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EE-CA-0311-0001
Goldstein, Barry L
(California)
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EE-CA-0311-0001
Larkin, Jocelyn Dion
(California)
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EE-CA-0311-9000
Mayeda, Mari
(California)
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EE-CA-0311-0001
Ryu, Donna Miae
(California)
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EE-CA-0311-9000
Saperstein, Guy T
(California)
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EE-CA-0311-9000
Defendant's Lawyers
Appel, Richard N.
(District of Columbia)
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EE-CA-0311-0001 | EE-CA-0311-9000
Bookin, Anne G.
(California)
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EE-CA-0311-0001 | EE-CA-0311-9000
Cohn, Joel M.
(District of Columbia)
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EE-CA-0311-0001 | EE-CA-0311-9000
Higgins, Trish M.
(California)
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EE-CA-0311-0001 | EE-CA-0311-9000
Klein, Thomas Preston
(California)
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EE-CA-0311-9000
Nash, Daniel L.
(District of Columbia)
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EE-CA-0311-0001 | EE-CA-0311-9000
Remmers, Cynthia L.
(California)
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EE-CA-0311-0001
Siniscalco, Gary R.
(California)
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EE-CA-0311-0001 | EE-CA-0311-9000
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