In September 2004, the Albuquerque Area Office of the EEOC (with the participation from the Phoenix District Office) brought this suit in the U.S. District Court for the District of New Mexico against Smith's Food and Drug Centers, Inc., d/b/a PriceRite. The EEOC's complaint alleged that PriceRite violated Title VII of the Civil Rights Act of 1964 by discriminating on the basis of sex. In particular, the complaint alleged that a PriceRite manager made unwanted sexual comments to the charging party, a female employee, and that he inappropriately touched her creating a hostile work environment.

In November 2004, the charging party and her husband filed a separate action in New Mexico State Court alleging violation of the New Mexico Human Rights Act. In December 2004, this action was removed to federal court and consolidated with the EEOC's case. In January 2005, the charging party and her husband filed a motion for remand which was granted in April 2005. In May 2005, the parties settled all their claims through a two-year consent degree, containing both non-discrimination and non-retaliation clauses.

The decree required PriceRite to: provide the charging party with a neutral reference, distribute their anti-discrimination policies to employees, designate a special investigations officer to investigate discrimination complaints, provide annual EEOC-approved Title VII managerial training, and pay the charging party a sum of $75,000.

Michele Marxkors - 05/30/2007


compress summary