The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Foot Locker Specialty, Inc., a nationwide shoe and sporting apparel retailer. The controversy involved the alleged practice of the Defendant to fire workers over the age of 40 and subsequently replace them with younger workers. The lawsuit was filed in July 1999 and was resolved by consent decree in November 2002. The Defendant filed numerous motions for summary judgment and partial summary judgment, one of which was granted in part. However the court declined to grant the Defendant summary judgment based upon the statute of limitations, EEOC v. Venator Group, Specialty, Inc., 88 Fair Empl. Prac. Cas. (BNA) 157 (S.D.N.Y. 2002). The complainants were awarded $3.5 million. The decree was to last for three years, but just prior to the date when it was set to expire the court extended its reach, stating that the "Decree will not expire until the Court rules that the process has been completed with moneys disbursed in an equtable manner, and with any safeguards the Court deems necessary to assure the fairness of the distribution."

Keri Livingston - 07/07/2007


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