Filed Date: Dec. 22, 2004
Closed Date: 2007
Clearinghouse coding complete
In September 2004, the Albuquerque Area Office of the EEOC (with the participation from the Phoenix District Office) brought this suit in the U.S. District Court for the District of New Mexico against Smith's Food and Drug Centers, Inc., d/b/a PriceRite. The EEOC's complaint alleged that PriceRite violated Title VII of the Civil Rights Act of 1964 by discriminating on the basis of sex. In particular, the complaint alleged that a PriceRite manager made unwanted sexual comments to the charging party, a female employee, and that he inappropriately touched her creating a hostile work environment.
In November 2004, the charging party and her husband filed a separate action in New Mexico State Court alleging violation of the New Mexico Human Rights Act. In December 2004, this action was removed to federal court and consolidated with the EEOC's case. In January 2005, the charging party and her husband filed a motion for remand which was granted in April 2005. In May 2005, the parties settled all their claims through a two-year consent degree, containing both non-discrimination and non-retaliation clauses.
The decree required PriceRite to: provide the charging party with a neutral reference, distribute their anti-discrimination policies to employees, designate a special investigations officer to investigate discrimination complaints, provide annual EEOC-approved Title VII managerial training, and pay the charging party a sum of $75,000.
The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.
Summary Authors
Michele Marxkors (5/30/2007)
Clearinghouse (12/23/2018)
Sandoval v. Pricerite, District of New Mexico (2004)
See docket on RECAP: https://www.courtlistener.com/docket/5288945/eeoc-v-smiths-food-drug/
Last updated April 10, 2024, 3:05 a.m.
State / Territory: New Mexico
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 22, 2004
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Jose Mendoza, Private Entity/Person
Smith's Food & Drug Centers, Inc. (Albuquerque), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 75000
Order Duration: 2005 - 2007
Content of Injunction:
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
Discrimination-area:
Harassment / Hostile Work Environment
Discrimination-basis:
Affected Sex or Gender:
EEOC-centric: