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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10980091/parties/us-eeoc-v-kmart-corporation/


Judge(s)

Fox, James Carroll (North Carolina)

Attorney for Plaintiff

Barnes, Lynette A. (North Carolina)

Attorney for Defendant

McGuire, Gregory P. (North Carolina)

Documents in the Clearinghouse

Documents in this case

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

See docket on RECAP: https://www.courtlistener.com/docket/10980091/us-eeoc-v-kmart-corporation/

Last updated Nov. 3, 2026, 4:34 p.m.

Docket for: US EEOC v. Kmart Corporation
ECF Number Date Description Link
1 Dec. 31, 1998

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

RECAP
Dec. 31, 1998

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

PACER
Dec. 31, 1998

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

PACER
Dec. 31, 1998

(st)

Dec. 31, 1998

Waiver of summons sent to CT Corporation System for KMart (st)

4 March 10, 1999

Waiver of Service Returned Executed as to Kmart Corporation 1/7/98 Answer due on 3/9/98 for Kmart Corporation (st) (Entered: 03/19/1999)

RECAP
2 March 11, 1999

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

RECAP
3 March 16, 1999

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

RECAP
5 April 2, 1999

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

RECAP
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)

PACER
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

6 April 9, 1999

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)

RECAP
Oct. 20, 1999

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

PACER
Oct. 20, 1999

Received the parties proposed consent decree. Will forward to Judge Fox to review and consider. (se)

Oct. 21, 1999

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

PACER
Oct. 21, 1999

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

7 Oct. 22, 1999

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)

RECAP
Oct. 22, 1999

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

PACER
Oct. 22, 1999

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

PACER
Oct. 22, 1999

Case closed NP (se)

Oct. 22, 1999

CASE FILE RETURNED from: Judge James C. Fox (se)

Feb. 4, 2000

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

PACER
Feb. 4, 2000

File sent to Raleigh for archives. (se)

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

Private Entity/Person

Kmart Corporation

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of North Carolina 5:98-cv-00980

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

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

Recommended Citation