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Case Name
EEOC v. Home Depot U.S.A., Inc.
EE-CO-0024
Docket / Court
1:06-cv-01950-LTB-CBS ( D. Colo. )
State/Territory
Colorado
Case Type(s)
Equal Employment
Special Collection
EEOC Study -- in sample
Attorney Organization
EEOC
Case Summary
On September 29, 2006, the Denver Office of the EEOC filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued Home Depot U.S.A. Inc. under Title VII of the Civil Rights Act of 1964. The EEOC, representing a former Home Depot employee, asked the court for a ...
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On September 29, 2006, the Denver Office of the EEOC filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued Home Depot U.S.A. Inc. under Title VII of the Civil Rights Act of 1964. The EEOC, representing a former Home Depot employee, asked the court for a permanent injunction enjoining Home Depot from retaliating against employees who complain about discrimination and for monetary relief for the harm caused to the former employee. The EEOC claimed that Home Depot retaliated against the former employee when it terminated her employment five weeks after it issued her a settlement check for a previous suit resolving charges of discrimination.
On July 11, 2008, U.S. District Judge Lewis T. Babcock denied Home Depot's motion for summary judgment. Home Depot argued that the EEOC did not establish a case for retaliation because it did not demonstrate that the former employee had engaged in protected activity beyond her initial charge of discrimination or that there was a causal connection between a protected activity and her termination. Judge Babcock rejected this argument because filing a charge of discrimination is in and of itself a protected activity. Judge Babcock further found that negotiating a settlement agreement against Home Depot further constituted a protected activity, and the agreement was negotiated sufficiently close to her termination to indicate a possible causal relationship. 2008 WL 2744968.
On July 29, 2009, Judge Babcock approved a settlement agreement and dismissed the case. The agreement included injunctive and monetary relief. Specifically, agreement enjoined the defendant from reprisal or retaliation of any employee who complains about violations of Title VII or who serves as a party or witness in a lawsuit under Title VII. It further stipulated that the defendant must require trainings for managerial and supervisory staff and human resources staff. These trainings must address employees rights under Title VII, the defendant's anti-retaliation policy, and penalties for engaging in retaliation. The defendant was also required to submit reports of complaints of retaliation, trainings, and postings of notice. The monetary relief covered lost wages and compensatory damages totaling $84,750. The agreement's effective period was two years, and there is nothing further in the docket - so presumably the matter ended in 2011.
Keri Livingston - 05/28/2008
Gabriela Hybel - 11/06/2016
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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Neutral/Positive Reference
Recordkeeping
Reporting
Retaliation Prohibition
Training
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action
Title VII (including PDA), 42 U.S.C. ยง 2000e
Case Details
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Defendant(s)
Home Depot U.S.A. 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
Filed Pro Se
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
2009 - 2011
Filed
09/29/2006
Case Closing Year
2011
Case Ongoing
No
Related Cases
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Case Listing
EE-CO-0023
: EEOC v. HOME DEPOT U.S.A., INC. (D. Colo.)
Additional Resources
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Documents
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Court
Docket(s)
D. Colo.
07/29/2009
1:06-cv-01950-LTB-CBS
EE-CO-0024-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Colo.
09/29/2006
Complaint [ECF# 1]
EE-CO-0024-0002.pdf
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Detail
Source: District Court
D. Colo.
09/07/2007
Stipulated Protective Order
EE-CO-0024-0001.pdf
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Detail
D. Colo.
07/11/2008
Order
(2008 WL 2744968)
EE-CO-0024-0003.pdf
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WESTLAW
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Detail
Source: Bloomberg Law
D. Colo.
07/28/2009
Settlement Agreement [ECF# 84-1]
EE-CO-0024-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Babcock, Lewis Thornton
(D. Colo.)
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EE-CO-0024-0003 | EE-CO-0024-9000
Shaffer, Craig B.
(D. Colo.) [Magistrate]
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EE-CO-0024-0001 | EE-CO-0024-9000
Plaintiff's Lawyers
Kittle, Rita Byrnes
(Colorado)
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EE-CO-0024-9000
Randall, Jennifer Ann
(Colorado)
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EE-CO-0024-9000
Struble, Stephanie
(Colorado)
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EE-CO-0024-0004 | EE-CO-0024-9000
Weeks, Nancy A.
(Colorado)
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EE-CO-0024-9000
Defendant's Lawyers
Dale, Gillian
(Colorado)
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EE-CO-0024-9000
Friesen, Daniel Ernest
(Colorado)
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EE-CO-0024-0004 | EE-CO-0024-9000
Henderson, Shannon McFarland
(Colorado)
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EE-CO-0024-9000
Lamb, Christine Kessler
(Colorado)
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EE-CO-0024-9000
Spalten, Shayne Michelle
(Colorado)
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EE-CO-0024-9000
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