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

Docket [PACER]

EEOC v. Fred's Stores

Aug. 15, 2003 Docket
1

Complaint

EEOC v. Fred's Stores

April 26, 2002 Complaint
5

Order

EEOC v. Fred's Stores

May 21, 2002 Order/Opinion
7

Amended Complaint

EEOC v. Fred's Stores

June 4, 2002 Complaint
17

Memorandum Opinion and Order

EEOC v. Fred's Stores

March 17, 2003 Order/Opinion
19

Complaint in Intervention

EEOC v. Fred's Stores

March 21, 2003 Complaint
28

Consent Decree

EEOC v. Fred's Stores

Aug. 15, 2003 Order/Opinion

Docket

Last updated May 12, 2022

ECF Number Description Date Link
2

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

May 13, 2002
3

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

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
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
6

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

May 23, 2002
7

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

June 4, 2002
8

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

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
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
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
12

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

Feb. 12, 2003
13

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

Feb. 12, 2003
14

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

March 3, 2003
15

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

March 4, 2003
16

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

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
18

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

March 19, 2003
20

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

March 27, 2003
21

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

April 14, 2003
22

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

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
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
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
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
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
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

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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

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: 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:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit