University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BERT'S MEN'S STORES OF NASHVILLE, INC. EE-TN-0012
Docket / Court 3:04-cv-00409 ( M.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In May 2004, the EEOC district office in Memphis, Tennessee brought this action against Bert's Men's Stores of Nashville, Inc., a men's clothing retailer, in the U.S. District Court for the Middle District of Tennessee. The complaint is unavailable. Two months after the court denied the defendant's ... read more >
In May 2004, the EEOC district office in Memphis, Tennessee brought this action against Bert's Men's Stores of Nashville, Inc., a men's clothing retailer, in the U.S. District Court for the Middle District of Tennessee. The complaint is unavailable. Two months after the court denied the defendant's motion for summary judgment, the parties settled and consent decree was entered in June 2005. Although the consent decree is not available, the docket states that the parties agreed that the defendant would provide the complainants with monetary relief, issue neutral reference letters, send the EEOC a copy of its sex harassment policy, and provide the EEOC with a syllabus of its EEO training sessions. No fees or costs were awarded. The terms of the agreement ran for three years.

However, five months after the decree was entered, in November 2005, the EEOC filed a motion asking the court to enforce the consent decree, alleging the defendant had failed to comply. After a hearing in which the defendant testified to the poor financial circumstances of the parties, on July 20, 2006, the court (Judge Robert Echols) ruled that there was just cause for noncompliance with the consent decree. The court waived the imposed compliance fine and dismissed the EEOC's contempt motion. There has been no further activity on the docket and since the consent decree was set for three years, this case is presumably closed.

Jason Chester - 07/11/2007
Rachel Barr - 03/18/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Neutral/Positive Reference
Provide antidiscrimination training
Reporting
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Defendant(s) BERT'S MEN'S STORES OF NASHVILLE, 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
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 2005 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
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http://www.pwcagecase.com/
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  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 Faculty)
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 Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:04-cv-00409 (M.D. Tenn.)
EE-TN-0012-9000.pdf | Detail
Date: 07/20/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
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