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Case Name EEOC v. Albertson's, Inc. and Albertson's, LLC EE-CO-0007
Docket / Court 06-CV-01273-WYD-BNB ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for ... read more >
In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for the District of Colorado, alleging discrimination based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants maintained a hostile work environment and subjected the complaining parties to other adverse terms and conditions of employment.

The plaintiffs alleged long-term, continuing, and pervasive harassment and discrimination by supervisors and co-workers, including offensive and disparaging racial comments and graffiti, assignment of minorities to harder and less desirable duties, favoring of non-minorities in promotions, disciplining minorities more harshly, and Albertson’s failure to take appropriate, timely, and effective remedial action.

Supervalu, Inc. and Cerberus Capital Management, L.P. were dismissed from the lawsuit in October 2006. The parties engaged in discovery from 2006 through 2009. On December 3, 2007, the Court (Judge Wiley Y. Daniel) granted motions to allow four plaintiff intervenors to intervene, and the four plaintiff intervenors filed complaints that day.

On April 28, 2008, the parties filed cross motions for summary judgment. The case was reassigned to Judge Christine M. Arguello on October 22, 2008. Proceedings were stayed beginning in February, 2009 pending negotiation and finalization of a consent decree. At the time the consent decree was developed, Albertsons had represented that it planned to close its Colorado distribution center in late fall 2009 for business reasons unrelated to the action.

On December 11, 2009, the parties made a joint motion to consolidate this lawsuit with two other EEOC proceedings involving the Aurora, Colorado Albertson's distribution center. Judge Arguello granted the motion on December 14, 2009, and entered the consent decree that day. The consent decree included provisions against retaliation, a neutral reference for complaining parties, an equal employment opportunity training for supervisory and management employees, and certain terms should Albertson's open or reopen a distribution center in Colorado during the time of the consent decree. The consent decree also provided that Albertson's pay $8,900,000.00 to a class settlement fund to be distributed as determined by the EEOC.

The consent decree remained in effect for four years, and the case is now closed.

Daisy Manning - 05/26/2008
Sarah McDonald - 08/04/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Training
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Albertson's Inc.
Albertson's LLC
Cerberus Systems Inc.
Supervalu, 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 - 2013
Filing Year 2006
Case Closing Year 2013
Case Ongoing No
Docket(s)
1:06-cv-01273-WYD-BNB (D. Colo.)
EE-CO-0007-9000.pdf | Detail
Date: 12/14/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-CO-0007-0001.pdf | Detail
Date: 06/30/2006
First Amended Complaint [ECF# 2]
EE-CO-0007-0002.pdf | Detail
Date: 07/06/2006
Source: PACER [Public Access to Court Electronic Records]
Order [regarding motion for protective order] (D. Colo.)
EE-CO-0007-0003.pdf | Detail
Date: 11/14/2006
Order [regarding motion to compel] (D. Colo.)
EE-CO-0007-0004.pdf | Detail
Date: 02/16/2007
Order [denying motion to compel] (D. Colo.)
EE-CO-0007-0005.pdf | Detail
Date: 02/16/2007
Order [regarding motion to compel] (D. Colo.)
EE-CO-0007-0006.pdf | Detail
Date: 04/17/2007
Opinion and Order (2007 WL 1299194 / 2007 U.S.Dist.LEXIS 32003) (D. Colo.)
EE-CO-0007-0013.pdf | WESTLAW| LEXIS | Detail
Date: 05/01/2007
Stipulation and Protective Order Regarding the Use and Dissemination of Confidential Information (D. Colo.)
EE-CO-0007-0007.pdf | Detail
Date: 06/25/2007
Complaint in Intervention and Jury Demand filed by James L. Baxter [ECF# 116-2]
EE-CO-0007-0008.pdf | Detail
Date: 12/03/2007
Complaint and Jury Demand of Intervenors Christopher Adams and James Steadham [ECF# 126-2]
EE-CO-0007-0009.pdf | Detail
Date: 12/03/2007
Complaint and Jury Demand of Intervenor Luis Solis Gonzalez [ECF# 166-2]
EE-CO-0007-0010.pdf | Detail
Date: 12/03/2007
Complaint and Jury Demand of Intervenor Nate Valentine [ECF# 189-2]
EE-CO-0007-0011.pdf | Detail
Date: 12/03/2007
Amended Complaint in Intervention and Jury Demand filed by James L. Baxter [ECF# 282-2]
EE-CO-0007-0012.pdf | Detail
Date: 12/20/2007
Consent Decree [ECF# 618] (D. Colo.)
EE-CO-0007-0014.pdf | Detail
Date: 12/14/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Arguello, Christine M. (D. Colo.)
EE-CO-0007-0014 | EE-CO-0007-9000
Boland, Boyd N. (D. Colo.) [Magistrate]
EE-CO-0007-0007
Plaintiff's Lawyers Kershner, Andrea J. (Colorado)
EE-CO-0007-9000
Kittle, Rita Byrnes (Colorado)
EE-CO-0007-9000
Martinez, William Joseph (Colorado)
EE-CO-0007-9000
O'Neill, Mary Jo (Arizona)
EE-CO-0007-0014
Palma, Lynn L. (Colorado)
EE-CO-0007-9000
Pixler, Hugh S. (Colorado)
EE-CO-0007-9000
Rogers, Kim Rene (Colorado)
EE-CO-0007-9000
Schaefer, Elwyn F. (Colorado)
EE-CO-0007-9000
Struble, Stephanie (Colorado)
EE-CO-0007-9000
Weeks, Nancy A. (Colorado)
EE-CO-0007-9000
Winston, David Andrew (Colorado)
EE-CO-0007-0014 | EE-CO-0007-9000
Defendant's Lawyers Crews, Shane Kato (Colorado)
EE-CO-0007-9000
Gartner, Lawrence (California)
EE-CO-0007-0014 | EE-CO-0007-9000
Gusha, Stefanie M. (California)
EE-CO-0007-9000
Imara, Tazamisha Heshima (California)
EE-CO-0007-9000
Moore, Steven Woodrow (Colorado)
EE-CO-0007-9000
Nosler, Michael D. (Colorado)
EE-CO-0007-9000
Talley, Kimberly Maria (California)
EE-CO-0007-9000
Volin, Andrew W. (Colorado)
EE-CO-0007-9000
Young, Naomi (California)
EE-CO-0007-9000

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