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

Clearinghouse coding complete

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10822021/parties/lang-shirley-a-v-kohls-food-stores-inc/


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)

Documents in the Clearinghouse

Documents in this case

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

See docket on RECAP: https://www.courtlistener.com/docket/10822021/lang-shirley-a-v-kohls-food-stores-inc/

Last updated Oct. 24, 2026, 5:55 a.m.

Docket for: LANG, SHIRLEY A. v. KOHL'S FOOD STORES, INC.
ECF Number Date Description Link
1 May 14, 1998

JS-44 (Entered: 05/15/1998)

RECAP
2 May 14, 1998

COMPLAINT; SUMMONS ISSUED (Entered: 05/15/1998)

RECAP
May 14, 1998

Jams Import Utility Entry

May 14, 1998

NORTC

3 June 22, 1998

STIPULATION AND ORDER FOR EXTENSION OF TIME (UNTIL 6/29/98) TO ANSWER. (JWS) cc mld (Entered: 06/22/1998)

RECAP
4 June 26, 1998

ANSWER W/AFFIRMATIVE DEFENSES BY DEFT.GREAT ATLANTIC&PACIFIC TEA CO, INC. (Entered: 06/26/1998)

RECAP
5 June 26, 1998

ANSWER W/AFFIRMATIVE DEFENSES BY DEFT.KOHL'S FOOD STORES,INC. (Entered: 06/26/1998)

RECAP
6 July 22, 1998

PPTC REPORT BY PLTF. (Entered: 07/23/1998)

RECAP
7 July 23, 1998

PPTC REPORT BY DEFTS. (Entered: 07/23/1998)

RECAP
8 July 29, 1998

PTC ORDER & ORDER GOVERNING FPTC. (SLC) (Entered: 07/29/1998)

RECAP
9 Aug. 7, 1998

REQUEST FOR PRODUCTION OF DOCS NO. 3, BY PLTFS. (Entered: 08/07/1998)

RECAP
10 Aug. 11, 1998

MOTION BY PLTF TO SEND ATTACHED NOTICE TO ALL FEMALE EMPLOYEE WHO HAVE BEEN EMPLOYED BY KOHL BAKERY/DELI FROM 3/95-PRESENT (Entered: 08/12/1998)

RECAP
11 Aug. 11, 1998

BRIEF IN SUPPORT BY PLTF OF MO TO SENT NOTICE TO ALL FEMALE EMPLOYEES EMPLOYED BY KOHL'S BAKERY/DELI. (Entered: 08/12/1998)

RECAP
12 Aug. 12, 1998

ORDER SETTING BRFG ON PLTF'S MO FOR LV TO SEND NOTICE TO ALL FEMALE EMPLOYEES OF KOHL'S BAKERY/DELI. (BC) (Entered: 08/12/1998)

RECAP
13 Aug. 13, 1998

PLTFS' NOTICE OF FILING OF CONSENT TO SUE, BY LORI E. WHITE. (Entered: 08/13/1998)

RECAP
14 Aug. 20, 1998

MOTION FOR SUMMARY JUDGMENT - PARTIAL S/J ON PLTFS' TITLE VII CLAIMS, BY DEFTS. (Entered: 08/20/1998)

RECAP
15 Aug. 20, 1998

BRIEF IN SUPPORT OF DEFTS' MOTION FOR PARTIAL S/J ON PLTFS' TITLE VII CLAIMS. (Entered: 08/20/1998)

RECAP
16 Aug. 20, 1998

PROPOSED S/J FINDINGS/CONCL. BY DEFTS IN SPT OF MOTION FOR PARTIAL S/J. (Entered: 08/20/1998)

RECAP
17 Aug. 20, 1998

MOTION FOR EXT OF TIME TO FILE BRIEF IN OPPO TO PLTFS' MO.FOR NOTICE AUTHORIZATION, BY DEFTS. (FILED 8/18/98) (Entered: 08/24/1998)

RECAP
18 Aug. 20, 1998

PLTFS' RESPONSE TO DEFTS' REQUEST FOR EXT OF TIME(FILED 8/19) (Entered: 08/24/1998)

RECAP
19 Aug. 24, 1998

ORDER RE: TEL. HRG OF 8/24/98 ON DEFTS' MO. FOR EXT OF TIME' BRIEFING SET ON PLTFS' MO. FOR NOTICE OF AUTHORIZATION (SLC) (Entered: 08/25/1998)

RECAP
20 Aug. 31, 1998

BRIEF IN OPPOSITION TO PLTFS' MO. FOR CLASS NOTICE AUTHORIZA- TION, BY DEFTS. (Entered: 08/31/1998)

RECAP
21 Sept. 1, 1998

MOTION FOR EXT OF TIME TO SERVE OBJS.TO PLTFS'COMPUTER INTER- ROGATORIES & DOCUMENT REQUESTS, BY DEFTS. (Entered: 09/01/1998)

RECAP
22 Sept. 4, 1998

BRIEF IN OPPOSITION BY PLTFS TO DEFTS' MO FOR EXTENSION OF TIME TO OBJECT TO PLTFS' COMPUTER DISCOVERY. (Entered: 09/04/1998)

RECAP
23 Sept. 9, 1998

ORDER DENYING DEFTS' MO/EXTEN. OF TIME; DEFTS' OBJS TO DISC. REQ. DUE 9/14/98; BRFG SET ON COST-SHIFTING RE: DISC.MO.(SLC) (Entered: 09/09/1998)

RECAP
24 Sept. 10, 1998

RESPONSE TO S/J FINDINGS/CONCL. BY PLTFS. (Entered: 09/10/1998)

RECAP
25 Sept. 10, 1998

BRIEF IN OPPOSITION BY PLTFS TO DEFTS' MO FOR PARTIAL S/J. (Entered: 09/10/1998)

RECAP
26 Sept. 11, 1998

BRIEF IN REPLY BY PTF OF MO TO MAILING OF NOTICE TO EMPLOYEES & FORMER EMPLOYEES OF KOHLS. (Entered: 09/14/1998)

RECAP
27 Sept. 11, 1998

AFFIDAVIT OF BETTY RANTHUM,KAREN KOWALEWSKY,FLORANCE BINGNER, JUDY SCHROEDER,KATHLEEN TICE,JEANNE RING,& LORI WHITE. (Entered: 09/14/1998)

RECAP
28 Sept. 11, 1998

MOTION -REQ.FOR ATTY FEES/COSTS INCURRED IN CONNECTION W/DEFT EXT.OF TIME RE:PLTF.COMPTR INTERROG.&PUR.CRT 9/8 ORD,BY PLTF (Entered: 09/14/1998)

RECAP
29 Sept. 18, 1998

ORDER GRANTING PLTFS' MO TO SEND NOTICE; PLTFS MAY SEND THE AMENDED NOTICE ATTACHED AS APPENDIX B (SEE ORDER). (BC) (Entered: 09/21/1998)

RECAP
30 Sept. 21, 1998

BRIEF IN REPLY BY DEFT OF MO FOR PARTIAL S/J ON PLTFS' TITLE VII CLAIMS. (Entered: 09/21/1998)

RECAP
31 Sept. 21, 1998

BRIEF IN OPPOSITION BY DEFT OF MO/REQ.FOR ATTY FEES/COSTS INCURRED IN CONNECTION W/DEFT EXT.OF TIME. (Entered: 09/21/1998)

RECAP
32 Sept. 22, 1998

ORDER THAT DEFTS & THEIR ATTYS ARE JOINTLY & SEVERALLY LIABLE TO PAY $370.50 TO CNSL FOR PLTFS BY 10/22/98. (SLC) (Entered: 09/23/1998)

RECAP
33 Sept. 30, 1998

MOTION FOR LV TO FILE AMENDED RESPONSES TO DEFTS' PROPOSED FINDINGS/CONCL. OF LAW ON MO FOR PARTIAL S/J, BY PLTFS. (Entered: 09/30/1998)

RECAP
34 Oct. 8, 1998

BRIEF IN OPPOSITION BY DEFTS TO PLTFS' MOTION FOR LEAVE TO SUPPLEMENT THEIR S/J RESPONSE & IN SPT OF MO FOR STAY. (Entered: 10/08/1998)

RECAP
35 Oct. 13, 1998

BRIEF IN OPPOSITION TO DEFTS' REQUEST FOR A STAY, BY PLTFS. (Entered: 10/13/1998)

RECAP
36 Oct. 26, 1998

MOTION BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO QUASH SUBPOENAS. (Entered: 10/26/1998)

RECAP
37 Oct. 26, 1998

BRIEF IN SUPPORT OF MOTION TO QUASH SUBPOENAS, BY EEOC. (Entered: 10/26/1998)

RECAP
38 Oct. 26, 1998

AFFIDAVIT OF DENNIS R. MCBRIDE, IN SPT OF EEOC'S MOTION TO QUASH SUBPOENAS. (Entered: 10/26/1998)

RECAP
39 Oct. 27, 1998

ORDER TEMPORARILY STAYING THE SUBPOENAS; BRFG SET ON MO/QUASH SUBPOENAS (RESPONSE DUE 11/3/98; REPLY DUE 11/6/98). (SLC) (Entered: 10/28/1998)

RECAP
40 Oct. 28, 1998

NOTICE OF FILING OF CONSENTS, SUBMITTED BY PLTFS. (Entered: 10/28/1998)

RECAP
41 Nov. 3, 1998

BRIEF IN OPPOSITION TO EEOC'S MOTION TO QUASH SUBPOENAS, BY DEFTS' (Entered: 11/03/1998)

RECAP
42 Nov. 3, 1998

MOTION FOR ENTRY OF PROTECTIVE ORDER BY DEFTS. (Entered: 11/03/1998)

RECAP
43 Nov. 3, 1998

BRIEF IN SUPPORT BY PTLF OF EQUAL EMPLOYMENT OPPORTUNITY COMM MO TO QUASH SUBPOENA. (Entered: 11/03/1998)

RECAP
44 Nov. 4, 1998

DEPOSITION OF HAROLD G. VALDEZ, ON 8/31/98, BY PLTFS. (Entered: 11/04/1998)

RECAP
45 Nov. 5, 1998

BRIEF IN OPPOSITION TO DEFTS' MO.FOR PROTECTIVE ORDER,BY PLTS (Entered: 11/05/1998)

RECAP
46 Nov. 6, 1998

MOTION (ASSENTED-TO) TO ENLARGE TIME FOR FILING REPLY BRIEF, BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Entered: 11/06/1998)

RECAP
47 Nov. 6, 1998

ORDER ON TELE. MO HRG ON 11/6/98. MO. FOR PROTECTIVE ORDER DENIED W/OUT PREJ.; EACH SIDE TO BEAR ITS OWN COSTS. (SLC) (Entered: 11/06/1998)

RECAP
48 Nov. 6, 1998

ORDER GRANTING EEOC'S MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY BRIEF. (JWS) CCMLD (Entered: 11/06/1998)

RECAP
49 Nov. 9, 1998

NOTICE OF FILING OF CONSENTS, SUBMITTED BY PLTFS.(10/26-11/6) (Entered: 11/09/1998)

RECAP
50 Nov. 13, 1998

BRIEF IN REPLY IN SUPP OF MO TO QUASH SUBPOENAS, BY EEOC. (Entered: 11/13/1998)

RECAP
51 Nov. 13, 1998

AFFIDAVIT OF IDA L. CASTRO (DECLARATION). (Entered: 11/13/1998)

RECAP
52 Nov. 13, 1998

MOTION FOR CLASS CERTIFICATION, BY PLTFS. (Entered: 11/13/1998)

RECAP
53 Nov. 13, 1998

BRIEF IN SUPPORT OF MO FOR CLASS CERTIFICATION, BY PLTFS. (Entered: 11/13/1998)

RECAP
54 Nov. 18, 1998

MOTION TO COMPEL NO.1, BY PLTFS. (Entered: 11/18/1998)

RECAP
55 Nov. 18, 1998

BRIEF IN SUPPORT BY PLTFS OF MO TO COMPEL NO. 1. (Entered: 11/18/1998)

RECAP
56 Nov. 18, 1998

AFFIDAVIT OF CHARLES BARNHILL. (Entered: 11/18/1998)

RECAP
57 Nov. 19, 1998

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS FROM 11/7/98 TO 11/19/98. (Entered: 11/20/1998)

RECAP
58 Nov. 19, 1998

MOTION TO COMPEL NO. 2, BY PLTFS. (Entered: 11/20/1998)

RECAP
59 Nov. 19, 1998

BRIEF IN SUPPORT OF PLTFS' MO TO COMPEL NO. 2. (Entered: 11/20/1998)

RECAP
60 Nov. 20, 1998

MOTION (AGREED) FOR EXTENSION OF BRIEFING SCHEDULE ON PLTFS' MOTION FOR CLASS CERTIFICATION, BY DEFTS. (Entered: 11/20/1998)

RECAP
62 Nov. 20, 1998

ORDER GRANTING DEFTS' AGREED MOTION FOR EXTENSION OF BRIEFING SCHEDULE ON PLTFS' MO FOR CLASS CERTIFICATION. (SLC) cc mld (Entered: 11/23/1998)

RECAP
61 Nov. 23, 1998

BRIEF IN OPPOSITION (RESPONSE)TO PLTF'S MO TO COMPEL NO.1, BY DEFT. (Entered: 11/23/1998)

RECAP
64 Nov. 23, 1998

RESPONSE TO S/J FINDINGS/CONCL. **AMENDED** BY PLTFS. (REC'D ON 9/30/98) (Entered: 11/24/1998)

RECAP
65 Nov. 23, 1998

AFFIDAVIT OF CHESTER V. BAILEY, IN OPPOS. TO DEFTS' MO FOR S/J. (REC'D ON 9/30/98) (Entered: 11/24/1998)

RECAP
66 Nov. 23, 1998

ORDER GRANTING PLTFS MO TO SUPPLEMENT RECORD; GRANTING EEOC'S MO TO QUASH SUBPOENAS & FOR REIMBURSEMENT. (SLC) (Entered: 11/24/1998)

RECAP
63 Nov. 24, 1998

BRIEF IN OPPOSITION BY DEFT. OF MO TO COMPEL NO. 2. (Entered: 11/24/1998)

RECAP
67 Nov. 25, 1998

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS.(ON OR BEFORE 11/20/98) (Entered: 11/25/1998)

RECAP
68 Nov. 30, 1998

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS.(11/20 -11/25) (Entered: 11/30/1998)

RECAP
69 Dec. 1, 1998

MOTION - EEOC'S ITEMIZED STATEMENT OF EXPENSES INCURRED IN ITS MOTION TO QUASH SUBPOENAS. (Entered: 12/01/1998)

RECAP
70 Dec. 1, 1998

AFFIDAVIT OF DENNIS R. MCBRIDE - 2ND AFFIDAVIT, IN SPT OF EEOC'S ITEMIZED STATEMENT OF EXPENSES. (Entered: 12/01/1998)

RECAP
71 Dec. 2, 1998

NOTICE OF FILING OF CONSENTS FROM 11/26/98 THROUGH 11/30/98 BY PLTFS. (Entered: 12/02/1998)

RECAP
72 Dec. 7, 1998

BRIEF IN OPPOSITION BY DEFT.OF EEOC'S STATEMENT OF EXPENSES PUR.TO MAG.CROCKER'S ORDER OF 11/23/98. (Entered: 12/07/1998)

RECAP
73 Dec. 8, 1998

ORDER THAT DEFTS & THEIR ATTYS ARE JOINTLY & SEVERALLY LIABLE TO PAY $6,003.57 TO THE EEOC RE:MO TO QUASH SUBPOENAS.(SLC) (Entered: 12/08/1998)

RECAP
74 Dec. 9, 1998

ORDER GRANT. PLTFS' MO/COMPEL #2; NO COSTS AWARDED (SLC) (Entered: 12/09/1998)

RECAP
75 Dec. 10, 1998

APPEAL OF MAGISTRATE JUDGE'S ORDER GRANT.EEOC'S MO TO QUASH & ASSESS SANCTIONS AGAINST DEFTS. (Entered: 12/11/1998)

RECAP
76 Dec. 11, 1998

BRIEF IN OPPOSITION TO PLTFS' MO FOR CLASS CERTIFICATION, BY DEFTS. (Entered: 12/11/1998)

RECAP
77 Dec. 11, 1998

AFFIDAVIT OF CHRISTOPHER P. ERATH (DECLARATION). (Entered: 12/11/1998)

RECAP
78 Dec. 11, 1998

AFFIDAVIT OF DANIEL H. DALEY (DECLARATION). (Entered: 12/11/1998)

RECAP
79 Dec. 11, 1998

DEPOSITION OF KAREN KOWALEWSKY, TAKEN 11/5/98, BY DEFTS. (Entered: 12/14/1998)

RECAP
80 Dec. 15, 1998

NOTICE OF FILING OF CONSENTS BY PLTFS, FROM 11/30/98 THROUGH 12/15/98 (Entered: 12/15/1998)

RECAP
81 Dec. 15, 1998

MOTION - (AGREED) TO EXT OF TIME TO FILE REPLY BRIEF IN SUPP. OF MO. FOR CLASS CERTIFICATION UNTIL 12/31/98 (Entered: 12/15/1998)

RECAP
82 Dec. 15, 1998

ORDER DENYING DEFTS' MO TO MODIFY OR SET ASIDE THE ORDER OF MAGISTRATE JUDGE DENYING THEIR MO/DEPOSE EEOC EMPLOYEES. (BC) (Entered: 12/15/1998)

RECAP
83 Dec. 15, 1998

ORDER GRANTING AGREED MOTION FOR EXTENSION OF TIME TO FILE REPLY. (JWS) cc mld (Entered: 12/16/1998)

RECAP
84 Dec. 17, 1998

***THERE IS NO #84 FOR THIS FILE)*** (Entered: 12/17/1998)

RECAP
85 Dec. 21, 1998

STATUS REPORT TO THE COURT REGARDING EQUAL PAY ACT PARTIES, BY PLTFS. (Entered: 12/21/1998)

RECAP
86 Dec. 22, 1998

AFFIDAVIT OF CHRISTOPHER P. ERATH (CORRECTED DECLARATION). (Entered: 12/22/1998)

RECAP
87 Dec. 28, 1998

MOTION BY PLTFS FOR EXT. OF TIME TO FILE REPLY BRIEF ON MO FOR CLASS CERTIFICATION. (Entered: 12/28/1998)

RECAP
88 Dec. 28, 1998

ORDER GRANTING PLTFS' MOTION FOR EXT. OF TIME TO FILE REPLY BRIEF IN SPT OF MO FOR CLASS CERTIFICATION. (JWS) CCMLD (Entered: 12/28/1998)

RECAP
89 Dec. 29, 1998

DEPOSITION OF KARL L. BESTUL, ON 12/16/98, BY PLTFS. (Entered: 12/29/1998)

RECAP
90 Dec. 29, 1998

DEPOSITION OF MARK C. REHBEIN, ON 12/17/98, BY PLTFS. (Entered: 12/29/1998)

RECAP
91 Dec. 29, 1998

DEPOSITION OF ROBIN HALL, ON 11/11/98, BY DEFTS. (Entered: 12/29/1998)

RECAP
92 Dec. 29, 1998

DEPOSITION OF CAROLYN MARIE MCGOWAN, ON 10/30/98, BY DEFTS. (Entered: 12/29/1998)

RECAP
93 Jan. 4, 1999

ORDER DENYING DEFTS' MO FOR PARTIAL S/J. (BC) (Entered: 01/04/1999)

RECAP
94 Jan. 7, 1999

BRIEF IN REPLY BY PLTF OF MO FOR CLASS CERTIFICATION. (Entered: 01/07/1999)

RECAP
95 Jan. 7, 1999

AFFIDAVIT OF -DECLARATION OF DEBORAH LUCKHARDT FOSTER. (Entered: 01/07/1999)

RECAP
96 Jan. 7, 1999

AFFIDAVIT OF -DECLARATION OF KAREN KOWALEWSKY. (Entered: 01/07/1999)

RECAP
97 Jan. 7, 1999

AFFIDAVIT OF CHRISTINE SCHANNING. (Entered: 01/07/1999)

RECAP
98 Jan. 7, 1999

AFFIDAVIT OF -DECLARATION OF STEPHANIE A. FLAIG. (Entered: 01/07/1999)

RECAP

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

Private Entity/Person

Great Atlantic &Pacific Tea Company, Inc.

Kohl's Food Stores, Inc.

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Other Dockets:

Western District of Wisconsin 3:98-cv-00351

U.S. Court of Appeals for the Seventh Circuit 99-03377

Supreme Court of the United States 00-716

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Pay / Benefits

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation