Case: EEOC v. Rite Aid Corporation

1:05-cv-01896 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Sept. 21, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2005, the Philadelphia District Office of the EEOC brought this suit against Rite Aid Corporation in the U.S. District Court for the Middle District of Pennsylvania alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant unreasonably disciplined and terminated the charging party, a female employee, after she complained that she was being discriminated against by her supervisor because of her sex. The c…

In September 2005, the Philadelphia District Office of the EEOC brought this suit against Rite Aid Corporation in the U.S. District Court for the Middle District of Pennsylvania alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant unreasonably disciplined and terminated the charging party, a female employee, after she complained that she was being discriminated against by her supervisor because of her sex. The charging party intervened in the suit in November 2005. After a scheduling order, the parties settled in March 2006 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging party with a neutral employment reference, post a notice of the decree, report the EEOC at specified intervals, provide Title VII training for all its managers and supervisors, and pay the charging party $93,000. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (7/27/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

1:05-cv-01896

Docket

March 8, 2006

March 8, 2006

Docket
1-1

1:05-cv-01896

Complaint

Sept. 21, 2005

Sept. 21, 2005

Complaint
18

1:05-cv-01896

Complaint of Intervenor

EEOC and Kellie Portman v. Rite Aid Corporation

Dec. 2, 2005

Dec. 2, 2005

Complaint
28

1:05-cv-01896

Consent Decree

EEOC and Elka Faye ("Kellie") Portman v. Rite Aid Corporation

March 8, 2006

March 8, 2006

Settlement Agreement

EEOC Litigation Settlement Report

EEOC v. Rite Aid Corp.

No Court

March 31, 2006

March 31, 2006

Press Release

Resources

Docket

Last updated Sept. 3, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rite Aid Corporation , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(crh, ) (Entered: 09/22/2005)

Sept. 21, 2005

Sept. 21, 2005

Summons Issued (crh, ) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

SPECIAL ADMISSION FORM SENT to Jacqueline H. McNair, Judith A. O'Boyle and Woody Anglade (crh, ) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

2

ORDER Re: Case Assignment and Procedures Signed by Judge Sylvia H. Rambo on 09/28/05. (ma, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

3

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Woody Anglade on behalf of Equal Employment Opportunity Commission ( Filing fee $25, Receipt Number 111 144167) (crh, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

4

SPECIAL ADMISSIONS FORM APPROVED as to Woody Anglade, Esq. on behalf of the EEOCSigned by Judge Sylvia H. Rambo on 09/30/05. (ma, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

5

NOTICE of Appearance by Brian P. Downey on behalf of Rite Aid Corporation. (Downey, Brian) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

6

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1. (Downey, Brian) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

8

ANSWER to Complaint with Jury Demand with Affirmative Defenses by Rite Aid Corporation.(Downey, Brian) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

9

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Rite Aid Corporation served on 10/4/2005, answer due 10/24/2005. (Attachments: # 1 Exhibit(s))(crh, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

10

AFFIDAVIT of Service for Summons and Complaint served on Rite Aid Corporation on 10/4/05, filed by Equal Employment Opportunity Commission. (crh, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

11

MOTION Of Kellie Portman To Intervene As Plaintiff Pursuant to Federal Rule of Civil Procedure 24 w/Exhibit . (Attachments: # 1 Proposed Order)(ga, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

12

BRIEF IN SUPPORT w/COS re 11 MOTION of Kellie Portman to Intervene as Plaintiff.(ga, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

13

CASE MANAGEMENT PLAN Joint Report by Equal Employment Opportunity Commission. (Anglade, Woody) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

14

CERTIFICATE of Concurrence re 11 MOTION to Intervene. (bg, ) (Entered: 11/25/2005)

Nov. 25, 2005

Nov. 25, 2005

15

ORDER granting Motion to Intervene 11 by Elka Faye Portman as a pltf.Signed by Judge Sylvia H. Rambo on 11/28/05 (ma, ) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

16

ORDER - STANDARD CASE MANAGEMENT TRACK This case placed on the 09/2006 trial list. Cases on this list are schd'd to begin on 9/5/2006 following the completion of all j/s's which commence at 9:30 AM. A date certain for trial may be discussed at the PTC which has been set for 8/18/2006 @ 10:00 AM before Judge Rambo. PTMs due by 8/11/2006. Discovery due by 4/3/2006. Dispositive Mtns due by 6/9/2006. See order for other ddls. Signed by Judge Sylvia H. Rambo on 12/01/05. (ma, ) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

18

First Intervenor COMPLAINT Against Rite Aid Corporation , filed by Kellie Faye Portman.(Howe, Andrew) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

19

ORDER REFERRING CASE to Magistrate Judge J. Andrew Smyser for settlement conference.Signed by Judge Sylvia H. Rambo on 12/20/05. (ma, ) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

20

DISQUALIFICATION- I hereby disqualify myself in this case pursuant to 28 U.S.C. 455(b)(4). ( cc: all cnsl, Ct) Signed by Mag. J. Andrew Smyser on 12/21/05. (rc ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

21

ORDER: 1) The order of 12/20/05 referring the case to MJ Smyser is vacated.2) The captioned case is referred to the MJ Malachy E. Mannion, for the purpose of conducting asettlement conference. The conference shall be scheduled at the convenience ofMJ Mannion. Signed by Judge Sylvia H. Rambo on 12/22/05. (ma, ) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

22

STIPULATION re 18 Intervenor Complaint to Extend Defendant's Time to Answer Complaint by Kellie Faye Portman, Rite Aid Corporation. (Downey, Brian) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

23

ORDER Settlement Conference set for 1/10/2006 at 10:30 AM in Willkes-Barre before Magistrate Judge Malachy E. Mannion. Signed by Judge Malachy E. Mannion on 12/28/05. (bs, ) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

24

ANSWER to Intervenor Complaint with Affirmative Defenses by Rite Aid Corporation.(Downey, Brian) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

26

TAPE OF PROCEEDINGS of Salient parts of settlement placed on the record on 1/10/06. (bs, ) (Entered: 01/17/2006)

Jan. 10, 2006

Jan. 10, 2006

25

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.Signed by Judge Sylvia H. Rambo on 01/11/06. (Attachments: # 1 Memo from MJ Mannion)(ma, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

27

Proposed Consent Decree. (Attachments: # 1 Exhibit(s))(Downey, Brian) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

28

CONSENT DECREE-ORDER Signed by Judge Sylvia H. Rambo on 03/08/06. (ma, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Rite Aid Corporation (Camp Hill, PA), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 93000

Order Duration: 2006 - 2008

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

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

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit