Case: EEOC v. FRED'S STORES OF TENNESSEE, INC.

5:02-cv-00153 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 26, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

In April 2002, the Little Rock Area Office of the EEOC brought this lawsuit against Fred's Stores of Tennessee, Inc. in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining parties, several female employees, to a hostile work environment consisting of inappropriate sexual actions, overtures, and behavior, resu…

In April 2002, the Little Rock Area Office of the EEOC brought this lawsuit against Fred's Stores of Tennessee, Inc. in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant subjected the complaining parties, several female employees, to a hostile work environment consisting of inappropriate sexual actions, overtures, and behavior, resulting in the constructive discharge of the complainants. The complainants intervened in the suit in March 2003. Following a settlement conference, the parties settled the dispute in August 2003 through a consent decree.

The two-year consent decree, containing a non-discrimination and non-retaliation clause, required the defendant to: post and distribute its anti-retaliation policy, provide training to managers and employees of the facility, expunge the employment record of one complaining party and provide a neutral reference, refrain from rehiring the store manager accused of sexual harassment, and pay $54,500 to be distributed among six individuals.

Summary Authors

Daisy Manning (10/9/2007)

Documents in the Clearinghouse

Document

5:02-cv-00153

Docket [PACER]

EEOC v. Fred's Stores

Aug. 15, 2003

Aug. 15, 2003

Docket
1

5:02-cv-00153

Complaint

EEOC v. Fred's Stores

April 26, 2002

April 26, 2002

Complaint
5

5:02-cv-00153

Order

EEOC v. Fred's Stores

May 21, 2002

May 21, 2002

Order/Opinion
7

5:02-cv-00153

Amended Complaint

EEOC v. Fred's Stores

June 4, 2002

June 4, 2002

Complaint
17

5:02-cv-00153

Memorandum Opinion and Order

EEOC v. Fred's Stores

March 17, 2003

March 17, 2003

Order/Opinion
19

5:02-cv-00153

Complaint in Intervention

EEOC v. Fred's Stores

March 21, 2003

March 21, 2003

Complaint
28

5:02-cv-00153

Consent Decree

EEOC v. Fred's Stores

Aug. 15, 2003

Aug. 15, 2003

Order/Opinion

Resources

Docket

Last updated March 17, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
2

ANSWER TO COMPLAINT by defendant (bkj) (Entered: 05/13/2002)

May 13, 2002

May 13, 2002

3

MOTION by plaintiff to amend complaint (bkj) (Entered: 05/15/2002)

May 14, 2002

May 14, 2002

4

INITIAL SCHEDULING ORDER (DOC); Rule 26(f) conference to be held on 7/18/02; Rule 26(f) report due 7/31/02; Rule 16(b) conference (if needed) will be held on 8/2/02 @ 1:00 p.m.; proposed trial date set for 5/19/03; Final Scheduling Order will be issued on or before 8/9/02 (cc: all counsel) (vjt) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

5

ORDER by Chief Judge Susan W. Wright granting pltf's motion to amend complaint [3-1] (cc: all counsel) (vjt) (Entered: 05/22/2002)

May 21, 2002

May 21, 2002

6

ANSWER by defendant to amended complaint (bkj) (Entered: 05/23/2002)

May 23, 2002

May 23, 2002

7

AMENDED complaint [1-1] by plaintiff; with jury demand (bkj) (Entered: 06/05/2002)

June 4, 2002

June 4, 2002

8

REPORT OF RULE 26(f) planning meeting by plaintiff and defendant (bkj) (Entered: 07/31/2002)

July 31, 2002

July 31, 2002

9

FINAL SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 9:30 5/19/03 in Pine Bluff; discovery due 3/19/03; pretrial info sheet due 4/18/03 (cc: all counsel) (vjt) (Entered: 08/05/2002)

Aug. 2, 2002

Aug. 2, 2002

10

ORDER by Chief Judge Susan W. Wright directing the Clerk to correct name of deft Fred's Stores of Tennessee Inc (originally sued as Fred's Inc) (cc: all counsel) (vjt) (Entered: 08/05/2002)

Aug. 2, 2002

Aug. 2, 2002

11

RETURN OF SERVICE executed upon defendant Fred's Stores by serving Elroy Compton on 1/23/03 (bkj) (Entered: 02/12/2003)

Feb. 10, 2003

Feb. 10, 2003

12

MOTION by movants to intervene (bkj) (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

13

BRIEF by movants in support of motion to intervene [12-1] (bkj) (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

14

RESPONSE by plaintiff to motion to intervene [12-1] (bkj) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

15

RESPONSE by defendant to motion to intervene [12-1] (bkj) (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

16

BRIEF by defendant in support of motion response [15-1] (bkj) (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

17

MEMORANDUM OPINION AND ORDER by Chief Judge Susan W. Wright that the movants' motion to intervene [12-1] is GRANTED IN PART (as to LaSonia Bethea, Alleanor M. Smith, and Amanda Tolliver) and DENIED IN PART (as to Cassandra Burke); intervenors Bethea, Smith, and Tolliver are hereby directed to file their complt in intervention w/in 5 days of the date of entry of this Order (cc: all counsel) (vjt) (Entered: 03/17/2003)

March 17, 2003

March 17, 2003

18

MOTION by defendant to continue (bkj) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

20

RESPONSE by plaintiff to motion to continue [18-1] (bkj) (Entered: 03/27/2003)

March 27, 2003

March 27, 2003

21

JOINT SUPPLEMENTAL MOTION by defendant, plaintiff and intervenor plaintiffs to continue (bkj) (Entered: 04/14/2003)

April 14, 2003

April 14, 2003

22

ANSWER by defendant to complaint in intervention (bkj) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

23

ORDER by Chief Judge Susan W. Wright, in the joint supplemental motion to continue filed by the parties [21-1], a request was made for a settlement conference; therefore, the matter of a settlement conference is hereby referred to Mag. Judge Henry L. Jones for further proceedings (cc: all counsel) (vjt) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

24

AMENDED SCHEDULING ORDER by Chief Judge Susan W. Wright granting motions for continuance [18-1] [21-1]; jury trial is reset for 9:30 12/8/03 in Pine Bluff; discovery due 8/1/03; motions due 8/15/03; pretrial info sheet due 11/7/03; all other deadlines remain in effect (cc: all counsel) (vjt) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

25

ORDER (DOC); settlement conference is scheduled for 10:00 7/24/03 before Mag. Judge Henry L. Jones, Jr., in Little Rock; each party shall furnish the Court with a statement of the issues that, at this point, prevent a settlement of this case no later than 7/21/03 (cc: all counsel) (vjt) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

26

AMENDED ORDER (DOC); settlement conference is reset for 10:00 7/22/03 before Mag. Judge Henry L. Jones, Jr. in Little Rock; each party shall furnish the Court with a statement of the issues that, at this point, prevent a settlement of this case no later than 7/17/03 (cc: all counsel) (vjt) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

27

CLERK'S MINUTE: Settlement conference held with Magistrate Judge Henry L. Jones, Jr., with William Cash, Jr., and Pamela Dixon present for pltfs; Terry F. Wynne present for intervenors; Christopher J. Heller and Charles Vail present for defendants. Terms of settlement placed on record. ERO Ruthie Wrather. (rmw) Modified on 07/22/2003 (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

28

CONSENT DECREE by Chief Judge Susan W. Wright resolving all issues and claims arising out of pltf's complt in this cause alleging unlawful employment policies and practices maintained by the deft (cc: all counsel) (lej) (Entered: 08/18/2003)

Aug. 15, 2003

Aug. 15, 2003

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: April 26, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fred's Stores of Tennessee, Inc. (Lake Village, Arkansas), Private Entity/Person

Case Details

Causes of Action:

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

Available 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: 62500

Order Duration: 2003 - 2005

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit