Case: Lang v. Kohl's Food Stores, Inc.

3:98-cv-00351 | U.S. District Court for the Western District of Wisconsin

Filed Date: May 14, 1998

Closed Date: 1999

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Case Summary

On May 14, 1998, female grocery store employees brought class action against defendants under Title VII and Equal Pay Act in the U.S. District Court for the Western District of Wisconsin. Plaintiffs, represented by private counsel, alleged that produce workers, who were mostly men, received higher pay than bakery and deli workers, who were mostly women.In response to Plaintiffs' complaint, Defendant contended that employees in the produce department were included within a pay category called …

On May 14, 1998, female grocery store employees brought class action against defendants under Title VII and Equal Pay Act in the U.S. District Court for the Western District of Wisconsin. Plaintiffs, represented by private counsel, alleged that produce workers, who were mostly men, received higher pay than bakery and deli workers, who were mostly women.

In response to Plaintiffs' complaint, Defendant contended that employees in the produce department were included within a pay category called "regular clerks,'' most of whom were female. Also, women who wanted to be regular clerks in or out of the produce department did not face any discrimination in hiring or transfer.

After allowing the parties to conduct extensive discovery, the district court (Judge Barbara Crabb) granted summary judgment for Kohl's on the Title VII claim, based on the ground that plaintiffs could not demonstrate that Kohl's explanation for placing produce positions in the "regular clerk'' classification was a pretext for sex discrimination.

Following jury trial, the district court entered judgment in favor of the employer on the Equal Pay Act claim, because the jury decided that the bakery, deli, and produce jobs were not substantially equal.

After the trial, the plaintiffs appealed to the 7th Circuit. However, on June 22, 2000, the 7th Circuit affirmed the district court's decision.

Summary Authors

Kunyi Zhang (6/22/2010)

People


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Attorney for Plaintiff

Barnhill, Charles J. Jr. (Wisconsin)

Attorney for Defendant

Walker, Jack (Wisconsin)

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Documents in the Clearinghouse

Document

3:98-cv-00351

Docket

Feb. 12, 2004

Feb. 12, 2004

Docket
66

3:98-cv-00351

Order (Granting EEOC Motions to quash subpoenas)

Nov. 23, 1998

Nov. 23, 1998

Order/Opinion

185 F.R.D. 542

82

3:98-cv-00351

Order (Denying Motion to Set Aside Magistrate's Granting of EEOC Motion to Quash Subpoena)

Dec. 15, 1998

Dec. 15, 1998

Order/Opinion

186 F.R.D. 535

99-03377

Opinion (Affirming District Court)

U.S. Court of Appeals for the Seventh Circuit

June 22, 2000

June 22, 2000

Order/Opinion

217 F.3d 919

Docket

Last updated Dec. 19, 2024, 12:46 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 14, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were female workers in the bakery and deli departments of Defendant Kohl's Food Stores.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Kohl's Food Stores, Inc., Private Entity/Person

Great Atlantic &Pacific Tea Company, Inc., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Pay / Benefits

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female