Case: EEOC v. JONES APPAREL GROUP INC and NINE WEST FOOTWEAR CORP

7:04-cv-07781 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 30, 2004

Closed Date: May 17, 2009

Clearinghouse coding complete

Case Summary

In September 2004, the New York District Office of the EEOC filed this suit against Jones Apparel Group, Inc. and Nine West Footwear Corp. in the U.S. District Court for the Southern District of New York alleging discrimination on the basis of sex and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the charging party, a female Hispanic employee, to sexual harassment consisting of solicitations for sex, offensive comments, and unw…

In September 2004, the New York District Office of the EEOC filed this suit against Jones Apparel Group, Inc. and Nine West Footwear Corp. in the U.S. District Court for the Southern District of New York alleging discrimination on the basis of sex and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the charging party, a female Hispanic employee, to sexual harassment consisting of solicitations for sex, offensive comments, and unwelcome touching. In addition, the defendant subjected the charging party to a hostile work environment on the basis of national origin as well, making offensive and demeaning comments that ridiculed her because she was Hispanic. The defendant also retaliated against the charging party after she complained of the harassment by threatening to fire her and further harassing her, resulting in her constructive discharge. After a few scheduling orders, the parties submitted a preliminary consent decree for approval in September 2005, but they did not reach a final agreement until May 2006 when the final consent decree was approved by the Court.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of resolution, maintain and distribute anti-discrimination policies and complaint procedures, provide annual EEO training for all employees, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay $600,000 into a Claims Fund to be distributed to the victims of sexual harassment, national origin harassment or retaliation and to provide the charging party with a neutral reference. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/15/2007)

People


Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert S. (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert S. (New York)

Sirkin, Lisa (New York)

Documents in the Clearinghouse

Document

7:04-cv-07781

Docket (PACER)

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc.

May 17, 2006

May 17, 2006

Docket
1

7:04-cv-07781

Complaint

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc.

Sept. 30, 2004

Sept. 30, 2004

Complaint
6

7:04-cv-01671

Consent Decree

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc.

Sept. 21, 2005

Sept. 21, 2005

Order/Opinion
9

7:04-cv-07781

Consent Decree (Final)

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc.

May 17, 2006

May 17, 2006

Settlement Agreement

04-cv-07514

Nine West, Jones Apparel Group to Pay $600,000 to Settle National Origin and Sex Bias Suit

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc.

No Court

May 22, 2006

May 22, 2006

Press Release

Resources

Docket

Last updated July 19, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jones Apparel Group, Inc.. Document filed by U.S. Equal Employment Opportunity Commission.(jma, ) Additional attachment(s) added on 10/1/2004 (jma, ). (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

Magistrate Judge Lisa M. Smith is so designated. (jma, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

Case Designated ECF. (jma, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

SUMMONS ISSUED as to Jones Apparel Group, Inc.. (jma, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

2

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 11/19/2004 12:00 PM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/08/04) (Attachments:, # 1 Blank Scheduling Order)(fk, ) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

4

NOTICE OF CASE REASSIGNMENT to Judge Stephen C. Robinson. Judge Colleen McMahon no longer assigned to the case. (fk, ) (Entered: 12/09/2004)

Nov. 30, 2004

Nov. 30, 2004

3

STIPULATION AND ORDER EXTENDING TIME TO ANSWER...So Ordered. (Signed by Judge Stephen C. Robinson on 12/2/04) (fk, ) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Howard Z. Robbins dated 2/22/05 re: All parties request an adjournment of the conference scheduled in both these actions no. 04 cv 7781; 04 cv 1671 ; Conference adjourned. New conference scheduled for 3/18/05 at 9:00 a.m. (Signed by Judge Stephen C. Robinson on 2/28/05) (Orig. doc. filed in case no. 04 cv 1671, as doc. #19)(ae, ) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

5

STIPULATION AND ORDER that the firm of Proskauer Rose LLP, shall be, and hereby is, substituted as counsel for defendant, named in this action as Nine West Footwear Corp. and Jones Apparel Group, Inc., in place and stead of Jackson Lewis LLP. (Signed by Judge Stephen C. Robinson on 2/28/05) (ae, ) (Entered: 03/02/2005)

Feb. 28, 2005

Feb. 28, 2005

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Howard Z. Robbins dated 3/17/05 re: Parties request an adjournment of the conference scheduled for 3/18/05 until 5/3 when they have the mediation session that's scheduled that day also; Conference adjourned. (Signed by Judge Stephen C. Robinson on 3/18/05) (Orig. doc. filed in case no. 04 cv 1671, as doc. #21) (ae, ) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

6

CONSENT DECREE; The Plaintiff EEOC and Defendants Nine West Footwear Corp., and Jones Apparel Group, Inc. have agreed to resolve this action by the terms of this Consent Decree as set forth in this Consent Decree. (Signed by Judge Stephen C. Robinson on 9/20/05) (ae, ) (Entered: 10/03/2005)

Sept. 21, 2005

Sept. 21, 2005

7

ENDORSED LETTER addressed to Juidge Stephen C. Robinson from Robert Rose dated 3/8/06 re:....to request an adjournment of the 4/4/06 fair hairing date...ENDORSEMENT: Appril 4, 2006 hearing is adjourned. So Ordered: (Signed by Judge Stephen C. Robinson on 3/14/06) Copies sent by Clerk's Office.(pf, ) (Entered: 03/17/2006)

March 14, 2006

March 14, 2006

8

MEMORANDUM DECISION & ORDER:... Ms. Romano and Ms. Delgado are eligible to participate as claimants in this case. The parties are directed to contact the Court to schedule the fairness hearing. So Ordered: (Signed by Judge Stephen C. Robinson on 4/28/06) Copies sent by Clerk's Office.(pf, ) (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

9

CONSENT DECREE....So Ordered. (Signed by Judge Stephen C. Robinson on 5/16/06) (fk, ) (Entered: 05/18/2006)

May 17, 2006

May 17, 2006

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: May 17, 2009

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

Jones Apparel Group, Inc. (White Plains, NY), Private Entity/Person

Nine West Footwear Corp. (White Plains, NY), Private Entity/Person

Case Details

Causes of Action:

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

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: 600000

Order Duration: 2006 - 2009

Content of Injunction:

Retaliation Prohibition

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Recordkeeping

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian