University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. K-MART CORPORATION EE-FL-0068
Docket / Court 6:01-cv-01133-JA-KRS ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they ... read more >
In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they complained about the harassment in violation of Title VII of the Civil Rights Act of 1964.

Five of the employees intervened as plaintiffs in the case. In January of 2002, Kmart filed for bankruptcy; as a result, the intervening plaintiffs' cases were dismissed. In January of 2006, the EEOC worked out a settlement with Kmart. The charging parties received a total of $35,000 between them. Although the store at which the alleged harassment had taken place was at this point closed, the settlement stipulated that if Kmart ever reopened a store at the same location, it would implement anti-discrimination policies and training for its managerial and supervisory employees.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Kevin Wilemon - 06/03/2008
- 06/10/2017


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Kmart Corporation
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
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2006 - 2009
Case Closing Year 2009
Case Ongoing No
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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
6:01-cv-01133-JA-KRS (M.D. Fla.)
EE-FL-0068-9000.pdf | Detail
Date: 01/18/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-FL-0068-0001.pdf | Detail
Date: 09/28/2001
Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez [ECF# 9]
EE-FL-0068-0002.pdf | Detail
Date: 12/04/2001
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez [ECF# 20]
EE-FL-0068-0003.pdf | Detail
Date: 01/09/2002
Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention of Y'Sheena McCoy [ECF# 21]
EE-FL-0068-0004.pdf | Detail
Date: 01/09/2002
Source: PACER [Public Access to Court Electronic Records]
Consolidation Order (M.D. Fla.)
EE-FL-0068-0013.pdf | Detail
Date: 01/15/2002
Complaint in Intervention of Lisa Williams [ECF# 24]
EE-FL-0068-0005.pdf | Detail
Date: 01/24/2002
Source: PACER [Public Access to Court Electronic Records]
Order Granting Voluntary Dismissal with Prejudice (M.D. Fla.)
EE-FL-0068-0012.pdf | Detail
Date: 02/01/2002
Order [Regarding Defendant's Motion to Dismiss] [ECF# 38] (M.D. Fla.)
EE-FL-0068-0006.pdf | Detail
Date: 07/17/2003
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to the EEOC's Claims] [ECF# 70] (M.D. Fla.)
EE-FL-0068-0007.pdf | Detail
Date: 11/13/2003
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to Individual Plaintiffs] [ECF# 71] (M.D. Fla.)
EE-FL-0068-0008.pdf | Detail
Date: 11/13/2003
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 153-2]
EE-FL-0068-0009.pdf | Detail
Date: 01/18/2006
Source: PACER [Public Access to Court Electronic Records]
Judges Antoon, John II (M.D. Fla.)
EE-FL-0068-0013

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