Case: EEOC v. LOWE'S HOME CENTERS, INC.

3:04-cv-00133 | U.S. District Court for the Eastern District of Tennessee

Filed Date: March 22, 2004

Closed Date: Jan. 24, 2006

Clearinghouse coding complete

Case Summary

In March 2004, the Memphis District Office of the EEOC (with participation from the Nashville Area Office) brought this suit against Lowe's Home Centers, Inc., d/b/a Vonore Reload Distribution Center #970, in the U.S. District Court for the Eastern District of Tennessee. The complaint alleged that the defendant discriminated against the two charging parties and other African American applicants by failing to hire them because of their race in violation of Title VII of the Civil Rights Act of 1…

In March 2004, the Memphis District Office of the EEOC (with participation from the Nashville Area Office) brought this suit against Lowe's Home Centers, Inc., d/b/a Vonore Reload Distribution Center #970, in the U.S. District Court for the Eastern District of Tennessee. The complaint alleged that the defendant discriminated against the two charging parties and other African American applicants by failing to hire them because of their race in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders and discovery, the defendant filed a motion for summary judgment in July 2005. However, this motion was never resolved because it appears the parties reached a tentative settlement in October 2005. A few months later, the parties entered into a final settlement agreement in early December.

The settlement agreement had a duration of one year or until each term had been fulfilled, whichever was longer. The agreement contained non-discrimination and non-retaliation clauses and required the defendant to provide Title VII training for its supervisory and management employees at its Vonore facility as well as any other employees involved in hiring, promotion, and firing at its Vonore facility. In addition, the defendant agreed to: continue to enforce its diversity policy, maintain its posting of a Title VII poster, post a copy of its policy and procedure for reporting and preventing discrimination, and pay $60,000.

Summary Authors

Michele Marxkors (7/25/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4817808/parties/eeoc-v-lowes-companies-inc/


Judge(s)

Phillips, Thomas W. (Tennessee)

Shirley, C. Clifford Jr. (Tennessee)

Expert/Monitor/Master

Goldsmith, Bruce (Illinois)

Judge(s)

Phillips, Thomas W. (Tennessee)

Shirley, C. Clifford Jr. (Tennessee)

Expert/Monitor/Master

Goldsmith, Bruce (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Lowe's Home Centers, Inc.

Jan. 24, 2006 Docket

EEOC Press Release: "Lowe's Companies, Inc. Sued for Race Discrimination"

EEOC v. Lowe's Home Centers, Inc.

No Court

March 24, 2004 Press Release
49

Amended Complaint

EEOC v. Lowe's Home Centers, Inc.

Nov. 2, 2005 Complaint
50

Settlement Agreement

EEOC v. Lowe's Home Centers, Inc.

Nov. 29, 2005 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4817808/eeoc-v-lowes-companies-inc/

Last updated May 20, 2022, 12:46 a.m.

ECF Number Description Date Link
51

ORDER approving Settlement Agreement, signed by Judge Thomas W Phillips.(ADA)

Dec. 1, 2005 RECAP
1

COMPLAINT (attempting waiver of service); jury demand, Magistrate Judge Shirley designated (ANB) (Entered: 03/22/2004)

March 22, 2004
2

WAIVER OF SERVICE mailed 4/16/04 to defendant Lowe's Companies Inc accepted by Harley H Jones (DJE) (Entered: 04/28/2004)

April 28, 2004
52

STIPULATION OF DISMISSAL in accordance with the Settlement Agreement.Signed by Judge Thomas W Phillips. (ADA)

Jan. 24, 2006 RECAP
3

ANSWER to Complaint with JURY DEMAND by Lowe's Companies Inc.(DHJ) (Entered: 05/14/2004)

May 13, 2004

NOTICE of consent forms mailed to counsel: case AT ISSUE (DHJ) (Entered: 05/14/2004)

May 14, 2004
4

NOTICE of Appearance by Sally Ramsey on behalf of Equal Employment Opportunity Commission (DCC) (Entered: 06/01/2004)

May 27, 2004
5

ORDER OF RECUSAL. Judge Thomas A Varlan recused; the Clerk is directed to reassign this case to the next judge in rotation in the Knoxville docket. Signed by Judge Thomas A Varlan. (DHJ) (Entered: 06/15/2004)

June 15, 2004
6

ORDER REASSIGNING CASE. Case reassigned to Judge Thomas W Phillips for all further proceedings. (DHJ) (Entered: 06/22/2004)

June 22, 2004

NOTICE of Hearing: Scheduling Conference set for 7/21/2004 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips. For questions/conflicts with this scheduling, please contact Janet M. Jackson at 865/545-4234 ext 236.(JMJ, Courtroom Deputy) (Entered: 06/28/2004)

June 28, 2004
7

MINUTE ENTRY -- Scheduling Conference before Judge Thomas W Phillips held on 7/22/2004. Parties present Rule 26 Report for filing. Final Pretrial Conference set for 8/22/2005 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips. Jury Trial set for 8/29/2005 at 09:00 AM in Courtroom 3C before Honorable Thomas W Phillips. (JMJ, Courtroom Deputy) (Entered: 07/22/2004)

July 22, 2004
8

REPORT of Rule 26(f) Parties' Planning Meeting. This case should be ready for trial by August 30, 2005 and at this time is expected to take approx. 6 days. (BT) (Entered: 07/22/2004)

July 22, 2004
9

SCHEDULING ORDER: Jury Trial set for 8/29/2005 at 9:00 AM in Courtroom 3C and Final Pretrial Conference set for 8/22/2005 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips.Signed by Judge Thomas W Phillips on July 23, 2004. (BT) (Entered: 07/23/2004)

July 23, 2004
10

SUBPOENA Returned Executed as to Dora Thompson on 1/20/05 at 12:44 pm. (BT) (Entered: 01/26/2005)

Jan. 26, 2005
11

SUBPOENA Returned Executed as to Irene McCowan on 1/20/05 at 11:00 am. (BT) (Entered: 01/26/2005)

Jan. 26, 2005
12

Agreed Proposed Order of Protection by Lowe's Companies Inc. (Moschel, Michael) (Entered: 02/11/2005)

Feb. 11, 2005

Judge C Clifford Shirley added. (intern) (Entered: 03/11/2005)

March 11, 2005
14

Joint MOTION for Discovery Requesting Leave to Modify The Fed.R. Civ.P.16(b) Scheduling Order by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 04/07/2005)

April 7, 2005
15

MEMORANDUM in Support of Motion re 14 Joint MOTION for Discovery Requesting Leave to Modify The Fed.R. Civ.P.16(b) Scheduling Order filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 04/07/2005)

April 7, 2005
16

First MOTION to Amend/Correct Answer by Lowe's Companies Inc. (Attachments: # 1 Exhibit Amended Answer)(Moschel, Michael) (Entered: 04/12/2005)

April 12, 2005
17

MEMORANDUM in Support of Motion re 16 First MOTION to Amend/Correct Answer filed by Lowe's Companies Inc. (Moschel, Michael) (Entered: 04/12/2005)

April 12, 2005
18

ORDER modifying the Court's 9 Scheduling Order. The August 29, 2005 trial date is hereby vacated and this trial is to be rescheduled for sometime after September 30, 2005, excluding the three week period between October 17 and November 4, 2005. The dispositive motion deadline will be 120 days from the new trial date. The parties will receive a Notice of Setting. Signed by Judge Thomas W Phillips on April 11, 2005. (BT) (Entered: 04/13/2005)

April 13, 2005
19

ORDER GRANTING defts 16 Motion to Amend answer. Deft shall file with the Court its amended answer to the complaint. Signed by Judge Thomas W Phillips on April 25, 2005. (BT) (Entered: 04/25/2005)

April 25, 2005
20

AMENDED ANSWER to Complaint by Lowe's Companies Inc. (Moschel, Michael) (Entered: 04/25/2005)

April 25, 2005

NOTICE of HEARING: Pursuant to Order entered 4/13/2005 [Doc 18], the FPTC and Jury Trial are hereby reset. Final Pretrial Conference set for 11/8/2005 at 10:00 AM in Courtroom 3C before Honorable Thomas W Phillips. Jury Trial set for 11/14/2005 09:00 AM in Courtroom 3C before Honorable Thomas W Phillips. (For questions of conflicts, please contact Janet M. Jackson at 865-545-4234 ext 236.)(JMJ) (Entered: 05/02/2005)

May 2, 2005
21

Joint MOTION to Continue Dispositive Motion Deadline by Lowe's Companies Inc. (Moschel, Michael) (Entered: 07/05/2005)

July 5, 2005
22

SUBPOENA Returned Executed as to Irene McCowan on 07/05/05 (Kelley, Michael) (Entered: 07/06/2005)

July 6, 2005
23

Agreed Proposed Order to Extend Dispositive Motion Deadline by Lowe's Companies Inc. (Garrett, Tim) (Entered: 07/07/2005)

July 7, 2005
24

AGREED ORDER GRANTING the 21 Joint Motion to Continue the Dispositive Motions Deadline. Deft's shall have until July 22, 2005 to file a dispositive motion. Signed by Judge Thomas W Phillips on July 12, 2005. (BT) (Entered: 07/12/2005)

July 12, 2005
25

RESPONSE to Discovery Request from Lowe's Companies Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Collective Exhibit A# 2 Exhibit Collective Exhibit B# 3 Exhibit Collective Exhibit C)(Smith, Deidre) (Entered: 07/18/2005)

July 18, 2005
26

DISCLOSURES by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Smith, Deidre) (Entered: 07/18/2005)

July 18, 2005
27

RESPONSE to Discovery Request from Lowes Companies Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Collective Exhibit A# 2 Collective Exhibit B# 3 Collective Exhibit C)(Smith, Deidre) (Entered: 07/18/2005)

July 18, 2005
28

MOTION for Leave to File Excess Pages by Lowe's Companies Inc. (Moschel, Michael) (Entered: 07/20/2005)

July 20, 2005
29

MOTION for Summary Judgment by Lowe's Companies Inc. (Garrett, Tim) (Entered: 07/22/2005)

July 22, 2005
30

MEMORANDUM in Support of 29 MOTION for Summary Judgment filed by Lowe's Companies Inc. (Garrett, Tim) Modified text on 7/25/2005 (ADA). (Entered: 07/22/2005)

July 22, 2005
31

NOTICE by Lowe's Companies Inc re 29 MOTION for Summary Judgment, 30 Memorandum in Support of Motion (Attachments: # 1 Appendix # 2 Exhibit # 3 Exhibit # 4 Exhibit # (5) Exhibit # 6 Exhibit # (7) Exhibit # (8) # (9) Exhibit # (10) Exhibit # (11) Exhibit # 12 Exhibit # (13) Exhibit # (14) Exhibit # (15) Exhibit # (16) Exhibit # (17) Exhibit # 18 Exhibit # 19 Exhibit # (20) Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit # 24 Exhibit)(Garrett, Tim) Modified on 7/26/2005 to remove exhibits containing personal identifiers; redacted and resubmitted with 33 (ADA). (Entered: 07/22/2005)

July 22, 2005
32

AFFIDAVIT in Support of 29 MOTION for Summary Judgment MEMORANDUM filed by Lowe's Companies Inc. (Attachments: # (1) Exhibit A thru I# (2) Exhibit J thru P)(Garrett, Tim) Modified text on 7/25/2005 (ADA). (attachments removed to redact personal identifiers. resubmitted in doc 35) Modified on 7/27/2005 (ADA). (Entered: 07/22/2005)

July 22, 2005
33

NOTICE of Filing Redacted Exhibits to Appendix submitted as 31 Notice by Lowe's Companies Inc (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Garrett, Tim) Modified text on 7/26/2005 (ADA). (Entered: 07/25/2005)

July 25, 2005

doc #34 filed without all attachments; removed and resubmitted as 35. Modified on 7/27/2005 (ADA). (Entered: 07/25/2005)

July 25, 2005
35

NOTICE by Lowe's Companies Inc re 32 Affidavit in Support of Motion of Filing Redacted Exhibits to Affidavit of Paul Walker (Attachments: # 1 Exhibit A - I# 2 Exhibit J - P)(Garrett, Tim) (Entered: 07/26/2005)

July 26, 2005
37

MOTION and Memorandum for Extension of Time for Summary Judgment Response as to 29 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Ramsey, Sally) Modified text on 7/28/2005 (ADA). (Entered: 07/28/2005)

July 28, 2005
38

ORDER granting plaintiff's 37 Motion for Extension of Time to File Response to motion for summary judgment.Signed by Judge Thomas W Phillips. (ADA) (Entered: 08/03/2005)

Aug. 3, 2005

doc #39 filed under incorrect event category w/o attachments, corrected and resubmitted as doc 40. Modified on 8/23/2005 (ADA). (Entered: 08/23/2005)

Aug. 23, 2005
40

RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix to EEOC's Response in Opposition to Defendant's Summary Judgment# 2 Exhibit Curtis Carter's 6-26 application# 3 Exhibit Tiffany Carter's 6-26 application# 4 Exhibit Tiffany Carter's deposition excerpts# 5 Exhibit Dora Thompson deposition excerpts# 6 Exhibit Tiffany Carter Note# 7 Exhibit Irene McCowan Notes# 8 Exhibit Curtis Carters 8-27 application# 9 Exhibit Tiffany Carters 8-27 application# 10 Exhibit Mark Cordell deposition excerpts# 11 Exhibit Tommy Black application# 12 Exhibit Paul Walker deposition excerpts# 13 Exhibit Tommy Black deposition excerpts# 14 Exhibit Lee Elam deposition excerpts# 15 Exhibit Tiffany Carter Forklift License# 16 Exhibit Hiring List# 17 Exhibit Employment Applications, Vol 1# 18 Exhibit Employment Applications, Vol 2# 19 Exhibit Employment Applications, Vol 3# 20 Exhibit Curtis Carter deposition excerpts# 21 Exhibit George Self deposition excerpts# 22 Exhibit Lee Elam affidavit# 23 Exhibit Irene McCowan deposition excerpts# 24 Exhibit Curtis Carter Charge of Discrimination# 25 Exhibit Tiffany Carter Charge of Discrimination# 26 Exhibit George Self Offer Letter# 27 Exhibit Tiffany Carter Questionnaire# 28 Exhibit Jason Huggins Conviction Documents# 29 Exhibit Richard Aguirre Personnel Documents# 30 Exhibit Patrick Bethel Personnel Documents# 31 Errata Kevin Bivens Personnel Documents# 32 Exhibit Mark Calhoun Personnel Documents# 33 Exhibit William Churchill Personnel Documents# 34 Exhibit Donnie Everhart Personnel Documents# 35 Exhibit Jason Huggins Personnel Documents# 36 Exhibit Darlene Rice Personnel Documents)(Smith, Deidre) (Entered: 08/23/2005)

Aug. 23, 2005
41

REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Lowe's Companies Inc. (Attachments: # 1)(Garrett, Tim) (Entered: 08/30/2005)

Aug. 30, 2005
42

WITNESS LIST by Lowe's Companies Inc. (Garrett, Tim) (Entered: 09/30/2005)

Sept. 30, 2005
43

WITNESS LIST by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 09/30/2005)

Sept. 30, 2005
44

PROPOSED PRETRIAL ORDER Agreed Pretrial Order by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 10/14/2005)

Oct. 14, 2005
45

Plaintiff's Exhibit List Pursuant to Rule 26(a)(3) by Equal Employment Opportunity Commission. (Smith, Deidre) Modified text on 10/17/2005 (ADA). (Entered: 10/14/2005)

Oct. 14, 2005

NOTICE of SETTLEMENT by counsel for Equal Employment Opportunity Commission. The FPTC date of 11/8/05 and 11/14/05 will be removed from the Court's calendar. Order of dismissal forthcoming from the parties. (JMJ) (Entered: 10/24/2005)

Oct. 24, 2005
46

Joint MOTION for Leave to File Amended Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Agreed Order)(Smith, Deidre) (Entered: 10/31/2005)

Oct. 31, 2005
47

MEMORANDUM in Support of 46 Joint MOTION for Leave to File Amended Complaint filed by Equal Employment Opportunity Commission. (Smith, Deidre) Modified text on 11/1/2005 (ADA). (Entered: 10/31/2005)

Oct. 31, 2005

doc, AMENDED COMPLAINT against Lowes Home Centers, Inc. ilo against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre), removed from the record pending ruling on 46. Modified on 11/1/2005 (ADA). (Entered: 10/31/2005)

Oct. 31, 2005

doc, AMENDED COMPLAINT against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre), removed from the record pending ruling on 46. (ADA) (Entered: 11/01/2005)

Nov. 1, 2005
48

AGREED ORDER granting 46 Joint MOTION for Leave to File Amended Complaint.Signed by Judge Thomas W Phillips. (ADA) (Entered: 11/02/2005)

Nov. 2, 2005
49

AMENDED COMPLAINT (to substitute Lowe's Home Centers, Inc. as the proper party) ilo against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre) (Entered: 11/02/2005)

Nov. 2, 2005
50

SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission submitted for approval of Judge Phillips. (Attachments: # 1 Exhibit A - Diversity Policy)(Smith, Deidre) Modified text on 11/30/2005 (ADA). (Entered: 11/29/2005)

Nov. 29, 2005

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 22, 2004

Closing Date: Jan. 24, 2006

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

Lowe's Home Centers, Inc. (Vonore, TN), 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:

Voluntary Dismissal

Amount Defendant Pays: 60000

Order Duration: 2005 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits