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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Wal-Mart Stores, Inc. EE-KY-0030
Docket / Court 6:01-cv-00339-KKC ( E.D. Ky. )
State/Territory Kentucky
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On August 24, 2001, the Louisville Area Office of the EEOC brought a suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Eastern District of Kentucky, London Division, alleging disparate treatment of female employees, under Title VII of the Civil Rights Act of 1964 and Title I of ... read more >
On August 24, 2001, the Louisville Area Office of the EEOC brought a suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Eastern District of Kentucky, London Division, alleging disparate treatment of female employees, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, and seeking relief for a class of similarly situated female applicants who had been adversely affected. Specifically Plaintiff EEOC claimed that Wal-Mart had failed to hire a specific female applicant as well as others in the class into vacant positions within its London, Kentucky facility. Plaintiff asked the court for a remedy consisting of injunctive and monetary relief for the class.

The complaint alleges that in October 1998, a female employee of Wal-Mart's retail store in London, Kentucky was denied a transfer to work in the DC 6097 location as a freezer department "order filler." She filed a charge with the EEOC asserting that Wal-Mart discriminated against her because of her gender when her transfer application was denied. The EEOC notified Wal-Mart of the charge, conducted an investigation and determined that evidence supported Smith's allegations and that there was evidence that a class of women were not hired as order fillers because of their gender.

On July 15, 2009, Wal-Mart filed a motion for summary judgment claiming that the EEOC had not provided sufficient evidence to establish its prima facie case of discrimination, and that the court lacked jurisdiction to hear part of the case. On February 12, 2010, the court (Judge Karen K. Caldwell) denied Wal-Mart's motion for summary judgment on both grounds.

On March 1, 2010 the parties entered into a consent decree. The terms of the consent decree were that Wal-Mart would be enjoined from discriminating against females in its hiring of order-filler positions, and that Wal-Mart would not retaliate in hiring or any other manner against those applicants or employees that had made a charge against Wal-Mart under Title VII. Furthermore, the consent decree required that Wal-Mart would retain all records of applications and employment, post notices of the non-discrimination policy at each of its facilities in Kentucky, provide training on what constitutes an unlawful employment practice under Title VII, and attempt to recruit female employees for order-filler employment. The consent decree also required Wal-Mart to hire a certain number of order-filler positions from a list of class members provided by the EEOC. Finally the consent decree required that Wal-Mart pay $11,700,000 in monetary relief to the class.

On October 15, 2010, the EEOC filed a motion to enforce the terms of the consent decree claiming that Wal-Mart had violated the decree by failing to instate the listed class-members and instead requiring them to apply for the positions as outside applicants would. Furthermore the EEOC claimed that Wal-Mart had instated a physical abilities test that had not been discussed as part of the consent decree, and that none of the more than 90 class members from the list who had applied for positions had been offered a position by Wal-Mart. Wal-Mart's response to this motion claimed that they had made diligent efforts to offer these positions to the class-members on the list, but that most had either turned the position down or not met the qualification requirements for the position. Furthermore Wal-Mart argued that the plain language of the consent decree allowed for those applicants of the class members list to be subjected to the same qualification standards as outside applicants. On January 6, 2011, the court (Judge Karen K. Caldwell) denied the EEOC's motion holding that Wal-Mart's hiring policy was in compliance with the consent decree.

This case in ongoing and the EEOC has filed a motion for a fairness hearing.

Caitlin Howitt - 08/22/2011


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Hire
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
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. ยง 2000e
Defendant(s) Wal-Mart Stores, Inc.
Plaintiff Description EEOC on behalf of female applicants for positions at Kentucky WalMart stores.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Mixed
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
Case Ongoing Yes
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
6:01-cv-00339-KKC (E.D. Ky.)
EE-KY-0030-9000.pdf | Detail
Date: 02/23/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-KY-0030-0010.pdf | Detail
Date: 08/24/2001
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 82] (E.D. Ky.)
EE-KY-0030-0001.pdf | Detail
Date: 03/30/2006
Source: PACER [Public Access to Court Electronic Records]
Order Compelling Production [in part] [ECF# 123] (E.D. Ky.)
EE-KY-0030-0002.pdf | Detail
Date: 01/04/2007
Source: PACER [Public Access to Court Electronic Records]
Order Regarding Pending Discovery Issues [ECF# 126] (E.D. Ky.)
EE-KY-0030-0007.pdf | Detail
Date: 01/09/2007
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 129] (2007 WL 6870565) (E.D. Ky.)
EE-KY-0030-0003.pdf | WESTLAW | Detail
Date: 01/18/2007
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 156] (E.D. Ky.)
EE-KY-0030-0008.pdf | Detail
Date: 07/31/2007
Source: PACER [Public Access to Court Electronic Records]
Comprehensive Discovery Order and Status Report [ECF# 163] (E.D. Ky.)
EE-KY-0030-0009.pdf | Detail
Date: 08/14/2007
Source: PACER [Public Access to Court Electronic Records]
Order [granting EEOC's motion] for a protective order (E.D. Ky.)
EE-KY-0030-0004.pdf | Detail
Date: 02/19/2008
Order [Re: motion for Protective Order by EEOC] (E.D. Ky.)
EE-KY-0030-0005.pdf | Detail
Date: 02/19/2008
Order Confirming Work Product Protection [Re:Motion to Compel] (E.D. Ky.)
EE-KY-0030-0006.pdf | Detail
Date: 03/06/2008
Wal-Mart's Motion for Summary Judgment [ECF# 409]
EE-KY-0030-0011.pdf | Detail
Date: 07/15/2009
Source: PACER [Public Access to Court Electronic Records]
Brief in Opposition to Wal-Mart's Motion for Summary Judgment [ECF# 444]
EE-KY-0030-0012.pdf | Detail
Date: 11/16/2009
Source: PACER [Public Access to Court Electronic Records]
Wal-Mart's Reply in Support of Summary Judgment [ECF# 445]
EE-KY-0030-0013.pdf | Detail
Date: 11/16/2009
Source: PACER [Public Access to Court Electronic Records]
Order and Opinion [Denying Defendant's Motion for Summary Judgment] (2010 WL 567316) (E.D. Ky.)
EE-KY-0030-0018.pdf | WESTLAW | Detail
Date: 02/12/2010
Source: Westlaw
Consent Decree [ECF# 669]
EE-KY-0030-0014.pdf | Detail
Date: 03/01/2010
Source: Westlaw
EEOC's Memorandum of Law in Support of Motion to Enforce Consent Decree [ECF# 670-1]
EE-KY-0030-0015.pdf | Detail
Date: 10/15/2010
Source: PACER [Public Access to Court Electronic Records]
Wal-Mart's Response to EEOC's Motion to Enforce Consent Decree [ECF# 671]
EE-KY-0030-0016.pdf | Detail
Date: 11/08/2010
Source: PACER [Public Access to Court Electronic Records]
EEOC's Reply in Support of Motion to Enforce Consent Decree [ECF# 673]
EE-KY-0030-0017.pdf | Detail
Date: 11/29/2010
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Denying Plaintiff's Motion to Enforce Consent Decree] (2011 WL 42997) (E.D. Ky.)
EE-KY-0030-0019.pdf | WESTLAW | Detail
Date: 01/06/2011
Source: Westlaw
Judges Caldwell, Karen K. (E.D. Ky.)
EE-KY-0030-0018 | EE-KY-0030-0019
Johnson, J. B. Jr. (E.D. Ky.) [Magistrate]
EE-KY-0030-9000
Wier, Robert E. (E.D. Ky.) [Magistrate]
EE-KY-0030-9000
Plaintiff's Lawyers Brown, Kenneth W. (Kentucky)
EE-KY-0030-9000
Edmonds, Nancy Dean (Indiana)
EE-KY-0030-0012 | EE-KY-0030-0014 | EE-KY-0030-0015 | EE-KY-0030-0017 | EE-KY-0030-9000
Eisele, Michelle (Indiana)
EE-KY-0030-0012 | EE-KY-0030-0015 | EE-KY-0030-0017 | EE-KY-0030-9000
Farnsworth, Jo Ann (Indiana)
EE-KY-0030-9000
Gibbs, Lauren (Michigan)
EE-KY-0030-9000
Lybolt, Robin M. (Indiana)
EE-KY-0030-9000
Maple, Johanna Philhower (Indiana)
EE-KY-0030-9000
McFerren, Aimee Lynn (Kentucky)
EE-KY-0030-9000
Shelly, Jan (Missouri)
EE-KY-0030-9000
Simpson, Bobby C. (Kentucky)
EE-KY-0030-9000
Young, Laurie A (Indiana)
EE-KY-0030-0012 | EE-KY-0030-0015 | EE-KY-0030-0017 | EE-KY-0030-9000
Defendant's Lawyers Anderson, Becky (Kentucky)
EE-KY-0030-0014
Cook, Victoria L. (California)
EE-KY-0030-9000
Donohue, Joseph P. (Kentucky)
EE-KY-0030-9000
Gatton, Puja Gakhar (Kentucky)
EE-KY-0030-9000
Henry, Michael J. (Kentucky)
EE-KY-0030-0016 | EE-KY-0030-9000
Hyland, Wendy Carole (Kentucky)
EE-KY-0030-9000
Prizant, Loren Teller (Kentucky)
EE-KY-0030-9000
Quesenberry, Kathryn A (Kentucky)
EE-KY-0030-0011 | EE-KY-0030-0013 | EE-KY-0030-0016 | EE-KY-0030-9000 | EE-KY-0030-9000
Roark, Erin M (Kentucky)
EE-KY-0030-0011 | EE-KY-0030-9000
Rosenthal, Lee A. (Kentucky)
EE-KY-0030-9000
Srinivasan, Kalpana (California)
EE-KY-0030-9000
True, Sadhna G. (Kentucky)
EE-KY-0030-0016 | EE-KY-0030-9000
Other Lawyers Peabody, Amy O'Nan (Kentucky)
EE-KY-0030-9000

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