Filed Date: Sept. 19, 2005
Closed Date: 2011
Clearinghouse coding complete
On September 19, 2005, an African American employee, on behalf of other African American employees, filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. The plaintiff sued Tobacco Superstores Inc. under Title VII of the Civil Rights Act of 1964. The plaintiff, represented by the EEOC, asked the court for injunctive and individual relief, claiming that she and other African American employees were denied promotions because of their race, and that she was constructively discharged because of her race.
The defendant filed two motions for summary judgment requesting that the court deny thirty-four individual class members from joining the case. The court granted and denied in part the defendants motion.
On August 4, 2008, District Judge William R. Wilson approved a consent decree. The decree enjoined the defendant from discrimination or retaliation; required the defendant to create and distribute non-discrimination and promotion policies; and required management at Tobacco Superstores to participate in anti-discrimination trainings. The defendant also agreed to pay $425,000 in monetary relief to resolve the lawsuit. The decree's effective period was three years, and there is nothing more on the docket - so presumably the matter ended in 2011.
Summary Authors
David Friedman (5/20/2008)
Gabriela Hybel (10/17/2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5172778/parties/equal-employment-opportunity-commission-v-tobacco-superstores-inc/
Forster, John F. Jr. (Arkansas)
Beck, Terry (Tennessee)
Cash, William A. Jr. (Arkansas)
Dixon, Pamela B. (Arkansas)
Beavers, Brad J. (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/5172778/equal-employment-opportunity-commission-v-tobacco-superstores-inc/
Last updated April 18, 2025, 9:24 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: Sept. 19, 2005
Closing Date: 2011
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: Yes
Class Action Outcome: Granted
Defendants
Tobacco Superstores Inc. (Blytheville, Arkansas), 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
Content of Injunction:
Develop anti-discrimination policy
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Amount Defendant Pays: 425,000
Order Duration: 2008 - 2011
Issues
Discrimination Area:
Discharge / Constructive Discharge / Layoff
Discrimination Basis:
EEOC-centric: