Case: EEOC v. K-MART CORPORATION

2:98-cv-01200 | U.S. District Court for the District of Arizona

Filed Date: June 30, 1998

Closed Date: April 6, 1999

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Case Summary

The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she and a class of females were sexually harassed. Complainant additionally alleged that she was terminated in retaliation for opposing these discriminatory practices. The parties reached an agreement a…

The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she and a class of females were sexually harassed. Complainant additionally alleged that she was terminated in retaliation for opposing these discriminatory practices.

The parties reached an agreement at a settlement conference on January 20, 1999. On March 6, 1999 the case was dismissed. Within the settlement agreement, defendant agreed to provide sexual harassment training to all employees at the level of supervisor or above, to reissue it's sexual harassment policy to all employees, and to post notice of the District Team Manager's presence within the store, to allow for complaints to be made. Defendant additionally agreed to pay $15,000 to the two claimants, to expunge the claimants personal record, and to provide a neutral reference. Lastly, this settlement agreement has a duration of 2 years.

Summary Authors

Keri Livingston (2/21/2008)

Related Cases

EEOC v. JPI Partners LLC, District of Arizona (2002)

Documents in the Clearinghouse

Documents in this case

2:98-cv-01200

Docket [PACER]

EEOC v. K-Mart Corporation

April 6, 1999

April 6, 1999

Docket
1

2:98-cv-01200

Complaint

EEOC v. K-MART Corporation

June 30, 1998

June 30, 1998

Complaint
28

2:98-cv-01200

Stipulation and Order of Dismissal

EEOC v. K-Mart Corporation

April 5, 1999

April 5, 1999

Order/Opinion

Resources

Docket

Last updated March 24, 2025, 8:28 a.m.

ECF Number Date Description Link
1 June 30, 1998

COMPLAINT FILED (MAP) (Entered: 07/01/1998)

PACER
2 July 22, 1998

RETURN OF SERVICE EXECUTED by leaving copy w/Kathy Cheshire for dft K-Mart Corporation on 7/17/98 (MAP) (Entered: 07/28/1998)

PACER
3 Aug. 6, 1998

ANSWER by dft K-Mart Corporation (MAP) (Entered: 08/10/1998)

PACER
4 Aug. 13, 1998

ATTORNEY APPEARANCE for dft K-Mart Corporation by Carla G DeQuick (MAP) (Entered: 08/18/1998)

PACER
5 Aug. 13, 1998

NOTICE by dft K-Mart Corporation of Service of Attorney Appearance (MAP) (Entered: 08/18/1998)

PACER
6 Aug. 18, 1998

ORDER SETTING SCHEDULING CONFERENCE by Judge Roslyn O. Silver ; prel scheduling conf set for 3:00 10/26/98 (cc: all counsel) (MAP) (Entered: 08/18/1998)

PACER
7 Oct. 19, 1998

PROPOSED CASE Management Plan (MAP) (Entered: 10/26/1998)

PACER
8 Oct. 26, 1998

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Patricia Kirtley, Walter Connoly (telephonic), Clara DeQuick (telephonic). Preliminary scheduling conference held. Ptys are to meet and confer to reach an agreement to establish discovery. Ptys agree to a magistrate judge for settlement conference. Magistrate Judge Virginia Mathis is drawn. Ptys are to contact Magistrate Judge Mathis at 514-7240 for a hearing date and time. Ptys are to submit the rule 16 Order by 11/6/98. [cc: counsel/VAM/MCC/ JS [8-2] (former emp) Modified on 10/29/1998 (Entered: 10/29/1998)

PACER
9 Nov. 6, 1998

TRANSCRIPT of Scheduling Conference by Court Reporter: Gary Moll for the following date(s): 10/26/98 (MAP) (Entered: 11/10/1998)

PACER
10 Nov. 12, 1998

NOTICE by pla EEOC of Service of Pla's EEOC's Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/13/1998)

PACER
11 Nov. 13, 1998

RULE 16 SCHEDULING ORDER by Judge Roslyn O. Silver discovery due 4/6/99 ; dispositive motions due 5/17/99 ; pretrial order due 7/16/99 (cc: all counsel) (MAP) (Entered: 11/13/1998)

PACER
12 Nov. 16, 1998

NOTICE by dft K-Mart Corporation of Service of Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/20/1998)

PACER
14 Nov. 24, 1998

NOTICE by dft K-Mart Corporation of Service of discovery (MAP) (Entered: 11/25/1998)

PACER
15 Nov. 25, 1998

NOTICE of service of 1st supplemental Rule 26(a)(1) disclosure statement by pla EEOC (MAP) (Entered: 11/25/1998)

PACER
16 Nov. 30, 1998

NOTICE by pla EEOC of Service of 1st Request for production of documents (MAP) (Entered: 11/30/1998)

PACER
17 Dec. 2, 1998

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Virginia A. Mathis ; settlement conference set for 9:30 1/20/99 , before Mag Judge Virginia A. Mathis (cc: all counsel) (MAP) (Entered: 12/02/1998)

PACER
18 Jan. 13, 1999

NOTICE by pla EEOC of Service of 2nd Supplemental Rule 26(a)(1) Disclosure Statement (MAP) (Entered: 01/14/1999)

PACER
19 Jan. 14, 1999

MOTION to amend Complaint by pla EEOC [19-1] (NOTE: Amended Complaint is Lodged and held at docket clerks desk) (KMG) (Entered: 01/15/1999)

PACER
30 Jan. 14, 1999

MEMORANDUM In Support of Motion to Amended Complaint by pla EEOC re [19-1] (MAP) (Entered: 08/27/1999)

PACER
20 Jan. 20, 1999

ORDER by Judge Roslyn O. Silver that this action will be dismissed by the Clerk's Office without further notice on 2/22/99, unless prior thereto a request for reinstatement on the court's trial calendar is filed herein. ; possbl dsm ddl set for 2/22/99 FUR ORD vacating any scheduled hearings; settlement conference vacated. (cc: all counsel) (KMG) (Entered: 01/20/1999)

PACER
21 Jan. 20, 1999

MINUTE ENTRY Judge Inits: VAM Crt Rptr: In Chambers; Settlement Conference conducted; settlement reached (M-99-7); dft to draft documentation. [cc: all counsel] [21-1] re: minute entry [21-1] (KMG) (Entered: 01/20/1999)

PACER
22 Jan. 20, 1999

NOTICE (CERTIFICATE) by dft K-Mart Corporation of Service re subpoena duces tecum (MAP) (Entered: 01/22/1999)

PACER
23 Jan. 20, 1999

NOTICE by dft K-Mart Corporation DEPO Duces Tecum pursuant to Fed.R.Civ.P. 30 of Krista Watson on the following date(s): 1/19/99 (MAP) (Entered: 01/22/1999)

PACER
24 Jan. 25, 1999

CORRECTED CERTIFICATE by dft K-Mart Corporation of Service (MAP) (Entered: 01/26/1999)

PACER
25 Feb. 22, 1999

JOINT STIPULATION AND MOTION to continue time for filing settlement agreement by dft K-Mart Corporation [25-1] (MAP) (Entered: 02/23/1999)

PACER
26 Feb. 24, 1999

ORDER by Judge Roslyn O. Silver granting motion to continue time for filing settlement agreement by dft K-Mart Corporation [25-1], time extended thru 3/1/99 (cc: all counsel) (MAP) (Entered: 02/24/1999)

PACER
27 March 3, 1999

NOTICE by pla EEOC of Filing of Original Signature Page for Settlement Agreement (MAP) (Entered: 03/05/1999)

PACER
29 April 6, 1999

ORDER by Judge Roslyn O. Silver granting stipulation that the parties shall comply w/the terms of the Settlement Agreement and that this Court shall retain jurisdiction for the purpose of enforcing Settlement Agreement FURTHER ORDERED that this action is dismissed, each party to bear own costs and attys' fees terminating case (cc: all counsel) (MAP) (Entered: 04/06/1999)

PACER

Case Details

State / Territory:

Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 1998

Closing Date: April 6, 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

Kmart Corporation

Case Details

Causes of Action:

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

Other Dockets:

District of Arizona 2:98-cv-01200

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:

Voluntary Dismissal

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 15000

Order Duration: 1999 - 2001

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation