Case: EEOC v. Lee's Food Corp. d/b/a Food Rite Community Supermarket

3:13-cv-00838 | U.S. District Court for the Eastern District of Virginia

Filed Date: Dec. 19, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 19, 2013, the Equal Employment Opportunity Commission filed this complaint in the U.S. District Court for the Eastern District of Virginia under Title VII of the Civil Right Act of 1964 and Title I of the Civil Rights Act of 1991 against Lee's Food Corp.—the owner entity of Food Rite Community Supermarket. Specifically, the plaintiff claimed that the defendant discriminated against a prospective female employee when it failed to hire her as a part-time courtesy van driver because sh…

On December 19, 2013, the Equal Employment Opportunity Commission filed this complaint in the U.S. District Court for the Eastern District of Virginia under Title VII of the Civil Right Act of 1964 and Title I of the Civil Rights Act of 1991 against Lee's Food Corp.—the owner entity of Food Rite Community Supermarket. Specifically, the plaintiff claimed that the defendant discriminated against a prospective female employee when it failed to hire her as a part-time courtesy van driver because she is a female.

In October of 2012, the prospective hire responded to an advertisement for a job as a part-time courtesy van driver. Although she met the minimum qualifications for the position, the defendant allegedly told her that he would not hire a female for the position out of concern that she would be at greater risk of being a victim of a crime while on the job. Instead, the defendant hired a male to fill the position.

The case was reassigned to Magistrate Judge David J. Novak and referred to Magistrate Judge M. Hannah Lauck on May 8, 2014 with the intent of a quicker resolution. The parties entered into a consent decree on August 12, 2014.

The consent decree provided that the defendant shall not discriminate against any person on the basis of sex or any other protected category within the meaning of Title VII, nor discriminate or retaliate against any person because of his or her opposition to any practice made unlawful under Title VII or because of the filing of a charge of discrimination, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the statute. The consent decree also required the defendant to adopt, implement, and distribute a formal, written anti-discrimination policy and post it so it was visible to employees. The defendant also agreed to provide an annual training program to explain the requirements of Title VII and its prohibition against sex discrimination in the work place, as well as the defendant’s policy. The defendant agreed to provide the EEOC with reports every six months and allow the commission to review compliance with the decree.

Lee’s Food Corp was also ordered to pay the woman $10,500. The consent decree lasted for three years and the case is now closed.

Summary Authors

Erica Becker (3/20/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4406622/parties/equal-employment-opportunity-commission-v-lees-food-corp/


Judge(s)

Novak, David William (New York)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Haden, Kara Gibbon (North Carolina)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Nyfeler, Suzanne Lenahan (Virginia)

Reams, Gwendolyn Young (District of Columbia)

Judge(s)

Novak, David William (New York)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Haden, Kara Gibbon (North Carolina)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Nyfeler, Suzanne Lenahan (Virginia)

Reams, Gwendolyn Young (District of Columbia)

Documents in the Clearinghouse

Document

3:13-cv-00838

Docket

Equal Employment Opportunity Commission v. Lee's Food Corp.

Aug. 12, 2014

Aug. 12, 2014

Docket
1

3:13-cv-00838

Complaint

Dec. 19, 2013

Dec. 19, 2013

Complaint
19

3:13-cv-00838

Consent Decree

EEOC v. Lee's Food Corp.

2014 WL 4479460

Aug. 12, 2014

Aug. 12, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4406622/equal-employment-opportunity-commission-v-lees-food-corp/

Last updated Aug. 7, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lee's Food Corp., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cmcc, ) (Entered: 12/19/2013)

1 Civil Cover Sheet

View on PACER

Dec. 19, 2013

Dec. 19, 2013

PACER
2

REQUEST FOR WAIVER of Service sent to Lee's Food Corp. on 1/14/2014 by Equal Employment Opportunity Commission. Waiver of Service due by 2/13/2014. (Attachments: # 1 Proposed Waiver, # 2 Letter from Counsel re: Waiver of Service)(cmcc, ) (Entered: 01/14/2014)

1 Proposed Waiver

View on PACER

2 Letter from Counsel re: Waiver of Service

View on PACER

Jan. 14, 2014

Jan. 14, 2014

PACER
3

Letter from Counsel. (cmcc, ) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Lee's Food Corp. waiver sent on 1/14/2014, answer due 3/17/2014. (Attachments: # 1 Letter)(tjoh, ) (Entered: 02/27/2014)

1 Letter

View on PACER

Feb. 27, 2014

Feb. 27, 2014

PACER
5

NOTICE of Appearance by Neil Shantaram Talegaonkar on behalf of Lee's Food Corp. (Talegaonkar, Neil) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
6

Consent MOTION for Extension of Time to File Answer by Lee's Food Corp.. (Attachments: # 1 Proposed Order Consent)(Talegaonkar, Neil) (Entered: 03/12/2014)

1 Proposed Order Consent

View on PACER

March 12, 2014

March 12, 2014

PACER
7

Financial Interest Disclosure Statement (Local Rule 7.1) by Lee's Food Corp.. (Talegaonkar, Neil) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
8

ORDER regarding 6 Defendant's Motion for Extension of Time to Answer; it is ORDERED that the Motion for Extension of Time is granted and further ORDERED that the defendant, Lee's Food Corp. d/b/a Food Rite Community Supermarket, shall file its Answer and any other motions with respect to the Complaint by 4/4/2014. Signed by District Judge Robert E. Payne on 3/13/2014. Copies to counsel. (cmcc, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
9

ANSWER to 1 Complaint by Lee's Food Corp..(Talegaonkar, Neil) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
10

ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 10:30 a.m. on 5/14/14. (sneal, ) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
11

SCHEDULING ORDER:Initial Pretrial Conference set for 5/14/2014 at 10:30 AM. Signed by District Judge Robert E. Payne on 4/22/14. (sneal, ) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
12

ORDER that it appearing that this action would be sooner resolved if the parties consent to referral of the case to a Magistrate Judge, it is ORDERED that counsel shall confer regarding whether both parties will consent to assignment of the case to a Magistrate Judge. Counsel shall ensure that the conferences occur not later than May 7, 2014, and that the Court is informed not later than 5:00 p.m. May 7, 2014 whether consents have been given. (See Order for details.) Signed by District Judge Robert E. Payne on 4/29/2014. Copies to counsel. (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
13

Joint Notice of Parties' Consent to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission, Lee's Food Corp. (Talegaonkar, Neil) Modified on 5/5/2014 to edit docket text. (cmcc, ). (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
14

Consent to Jurisdiction by US Magistrate Judge by Lee's Food Corp.. (Talegaonkar, Neil) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
15

Consent to Jurisdiction by U. S. Magistrate Judge by Equal Employment Opportunity Commission, re 12 Order (Nyfeler, Suzanne) Modified on 5/6/2014 to edit event text. (cmcc, ) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
16

Case reassigned to Magistrate Judge David J. Novak and referred to Magistrate Judge M. Hannah Lauck. (cmcc, ) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
17

ORDER that upon consent of the parties, it is ORDERED that this action shall be REASSIGNED to Magistrate Judge Novak for all purposes except settlement negotiations, which are hereby referred to Magistrate Judge Lauck. Further ORDERED that the Initial Pretrial Conference scheduled on the undersigned's docket for 10:30 a.m. May 14, 2014 is cancelled. Signed by District Judge Robert E. Payne on 5/7/2014. Copies to Magistrate Judge Novak and Magistrate Judge Lauck and to counsel of record.(cmcc, ) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
18

SCHEDULING and PRETRIAL ORDER Final Pretrial Conference set for 10/23/2014 at 01:00 PM in Richmond Courtroom 5400 before Magistrate Judge David J. Novak. Jury Trial set for 11/3/2014 at 09:30 AM in Richmond Courtroom 5400 before Magistrate Judge David J. Novak. Signed by Magistrate Judge David J. Novak on 5/15/2014. (cgar) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
19

CONSENT DECREE between the Equal Employment Opportunity Commission and Lee's Food Corp. d/b/a Food Rite Community Supermarket stipulating the resolution of all matters in controversy between the parties. (See Order for details.) Signed by Magistrate Judge David J. Novak on 8/11/2014. Copies to counsel.(cmcc, ) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

RECAP

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female applicant who was denied employment on the basis of her gender

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Food Rite Community Supermaket (Richmond), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: $10,500

Order Duration: 2014 - 2017

Content of Injunction:

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits