Case: EEOC v. K-MART CORPORATION

5:98-cv-00980 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 31, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

In December 1998, the Charlotte District Office of the EEOC brought this suit against Kmart Corporation in the U.S. District Court for the Eastern District of North Carolina alleging violation of Title VII of the Civil Rights Act of 1964 for discrimination on the basis of religion. Specifically, the defendant failed to reasonably accommodate the charging party's religious beliefs by refusing to give the employee a full-time position because she was a Seventh Day Adventist who had a religious objection to working on her Sabbath. The parties settled in October 1999 through a consent decree. The consent decree required the defendant to pay $3,000 to the complainant; expunge her personnel files; offer her a neutral reference; post notice; and refrain from discrimination or retaliation based on religion.

Summary Authors

Kevin Wilemon (5/30/2007)

Documents in the Clearinghouse

Document

5:98-cv-00980

Docket (PACER)

US EEOC v. Kmart Corporation

Feb. 4, 2000

Feb. 4, 2000

Docket
1

5:98-cv-00980

Complaint

US EEOC v. Kmart Corporation

Dec. 31, 1998

Dec. 31, 1998

Complaint
7

5:98-cv-00980

Consent Decree

US EEOC v. Kmart Corporation

Oct. 22, 1999

Oct. 22, 1999

Settlement Agreement

Resources

Docket

Last updated March 26, 2025, 9:25 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, employment discrim-religion, jury demand (st) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

Waiver of summons sent to CT Corporation System for KMart (st) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

(st) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

2

Answer to Complaint by Kmart Corporation (st) (Entered: 03/16/1999)

March 11, 1999

March 11, 1999

3

Request for Discovery Plan: Discovery Plan due by 4/5/99, served upon counsel w form 35. (st) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

5

Discovery Plan filed by US EEOC, Kmart Corporation (st) (Entered: 04/02/1999)

April 2, 1999

April 2, 1999

Case submitted to: USMJ Dixon [5-1] discovery plan submitted via e- mail/racer for preparation of a scheduling order. (st) Modified on 04/02/1999 (Entered: 04/02/1999)

April 2, 1999

April 2, 1999

6

Order on Scheduling by Magistrate Dixon setting Discovery cutoff 9/30/99, Deadline for filing of all motions 10/30/99, Expert Witness List due on 6/30/99 from Plaintiff, and due on 7/30/99 from Defendant, Jury Trial scheduled for 1/24/20 before Judge James C. Fox Place: Wilmington No. of Interrogs. 25, No. of Depositions 5, copies served upon counsel of record w consent to magistrate trial form, and court personnel notified. (st) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

Received the parties proposed consent decree. Will forward to Judge Fox to review and consider. (se) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

Case submitted to: Judge James C. Fox for review and consideration of the proposed consent decree (se) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

7

Consent judgment (see decree/judgment for particulars) signed by Judge James C. Fox. OB Ref: FOXOB#18, pg. 95, cc:counsel. (se) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

Case closed NP (se) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

File sent to Raleigh for archives. (se) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Kmart Corporation (Wilson), Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Amount Defendant Pays: 3000

Order Duration: 1999 - 2001

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Treatment

Discrimination Basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits