University of Michigan Law School
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Case Name EEOC v. Lee's Food Corp. d/b/a Food Rite Community Supermarket EE-VA-0131
Docket / Court 3:13-CV-838 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On December 19, 2013, the Equal Employment Opportunity Commission filed this complaint in the U.S. District Court for the Eastern District of Virginia under Title VII of the Civil Right Act of 1964 and Title I of the Civil Rights Act of 1991 against Lee's Food Corp.—the owner entity of Food Rite ... read more >
On December 19, 2013, the Equal Employment Opportunity Commission filed this complaint in the U.S. District Court for the Eastern District of Virginia under Title VII of the Civil Right Act of 1964 and Title I of the Civil Rights Act of 1991 against Lee's Food Corp.—the owner entity of Food Rite Community Supermarket. Specifically, the plaintiff claimed that the defendant discriminated against a prospective female employee when it failed to hire her as a part-time courtesy van driver because she is a female.

In October of 2012, the prospective hire responded to an advertisement for a job as a part-time courtesy van driver. Although she met the minimum qualifications for the position, the defendant allegedly told her that he would not hire a female for the position out of concern that she would be at greater risk of being a victim of a crime while on the job. Instead, the defendant hired a male to fill the position.

The case was reassigned to Magistrate Judge David J. Novak and referred to Magistrate Judge M. Hannah Lauck on May 8, 2014 with the intent of a quicker resolution. The parties entered into a consent decree on August 12, 2014.

The consent decree provided that the defendant shall not discriminate against any person on the basis of sex or any other protected category within the meaning of Title VII, nor discriminate or retaliate against any person because of his or her opposition to any practice made unlawful under Title VII or because of the filing of a charge of discrimination, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the statute. The consent decree also required the defendant to adopt, implement, and distribute a formal, written anti-discrimination policy and post it so it was visible to employees. The defendant also agreed to provide an annual training program to explain the requirements of Title VII and its prohibition against sex discrimination in the work place, as well as the defendant’s policy. The defendant agreed to provide the EEOC with reports every six months and allow the commission to review compliance with the decree.

Lee’s Food Corp was also ordered to pay the woman $10,500. The consent decree lasted for three years and the case is now closed.

Kim Zhang - 03/13/2014
Erica Becker - 03/20/2019


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Defendant-type
Retailer
Discrimination-area
Hiring
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Food Rite Community Supermaket
Plaintiff Description A female applicant who was denied employment on the basis of her gender
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Order Duration 2014 - 2017
Filing Year 2013
Case Closing Year 2017
Case Ongoing No
Additional Resources
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Docket(s)
No. 3:13-CV-838 (E.D. Va.)
EE-VA-0131-9000.pdf | Detail
Date: 08/12/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-VA-0131-0001.pdf | Detail
Date: 12/19/2013
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 19] (2014 WL 4479460) (E.D. Va.)
EE-VA-0131-0002.pdf | WESTLAW | Detail
Date: 08/12/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Novak, David William Court not on record [Magistrate] show/hide docs
EE-VA-0131-0002
Payne, Robert E. (E.D. Va.) show/hide docs
EE-VA-0131-9000
Plaintiff's Lawyers Haden, Kara Gibbon (North Carolina) show/hide docs
EE-VA-0131-0001
Lee, James L. (District of Columbia) show/hide docs
EE-VA-0131-0001
Lopez, P. David (District of Columbia) show/hide docs
EE-VA-0131-0001
Nyfeler, Suzanne Lenahan (Virginia) show/hide docs
EE-VA-0131-0001 | EE-VA-0131-9000
Reams, Gwendolyn Young (District of Columbia) show/hide docs
EE-VA-0131-0001

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