Case: EEOC v. Walgeen Company

3:07-cv-00172 | U.S. District Court for the Southern District of Illinois

Filed Date: March 7, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 7, 2007, the Equal Employment Opportunity Commission [EEOC] filed suit against the Walgreen Company in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and -6 ["Title VII"] and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The EEOC's complaint alleged that Walgreens engaged in a nationwide pattern and practice of race discrimination in…

On March 7, 2007, the Equal Employment Opportunity Commission [EEOC] filed suit against the Walgreen Company in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and -6 ["Title VII"] and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The EEOC's complaint alleged that Walgreens engaged in a nationwide pattern and practice of race discrimination in violation of Title VII by (1) making store assignments to African-American management trainees, managers, and pharmacists because of their race and (2) denying promotions to African-American employees in retail and pharmacy career paths because of their race. The EEOC sought declaratory and injunctive relief.

The case was randomly assigned to U.S. District Judge Michael J. Reagan and Magistrate Judge Clifford J. Proud.

The day after the initiation of the action, Pearle Phillips, an employee of Walgreen, filed a motion to intervene as a party plaintiff.

On March 12, 2007, the EEOC filed a motion to consolidate the case with Tucker v. Walgreen Company, Case No. 05-440-GPM-CJP [EE-IL-258 of this collection], a class-action race discrimination case also pending in the U.S. District Court for the Southern District of Illinois.

On March 26, 2007, the case was reassigned to Chief Judge G. Patrick Murphy.

The motion to consolidate was granted by Judge Murphy on April 23, 2007 and the parties were ordered to file all further pleadings in the Tucker case, Case No. 05-440-GPM-CJP. Judge Murphy also allowed Pearle Phillips to intervene as a party plaintiff.

Eventually, a consent decree paying out $24,407,500 to the settlement class along with other provisions of injunctive relief was the resolution concluding the case. More information can be found in the EE-IL-0258 (Tucker) case.

The decree was entered in 2008 and was scheduled to last until 2013. As of 2018, no further docket entries exist, so the case is closed.

Summary Authors

Dan Dalton (7/23/2007)

Related Cases

Tucker v. Walgreen Company, Southern District of Illinois (2005)

People


Judge(s)

Reagan, Michael Joseph (Illinois)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Baran, Andrea G. (Kansas)

Cooper, Ronald S. (District of Columbia)

Coopman, Amy L. (Missouri)

Curtin, Nora E. (Florida)

Demchak, Teresa (California)

Foland, W. James (Missouri)

Jaramillo, Joseph E. (California)

Johnson, Robert G. (Missouri)

Judge(s)

Reagan, Michael Joseph (Illinois)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Baran, Andrea G. (Kansas)

Cooper, Ronald S. (District of Columbia)

Coopman, Amy L. (Missouri)

Curtin, Nora E. (Florida)

Demchak, Teresa (California)

Foland, W. James (Missouri)

Jaramillo, Joseph E. (California)

Johnson, Robert G. (Missouri)

Kamp, Jean P. (Illinois)

Reams, Gwendolyn Young (District of Columbia)

Seely, Barbara A. (Missouri)

Spriggs, Peter Kent (Florida)

Attorneys(s) for Defendant

Hult, Keith C. (Illinois)

King, Allan G. (Texas)

Peters, Thomas R. (Illinois)

Picou, Curtis R. (Illinois)

Ramsey, Amy Schaefer (Illinois)

Ybarra, John A. (Illinois)

Other Attorney(s)

Favre, JoDee (Illinois)

Klosener, Tiffany B (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

March 25, 2008 Docket

Plaintiffs' Second Amended Class Action Complaint

Tucker v. Walgreen Company

Sept. 22, 2006 Complaint
2-1

Complaint

March 7, 2007 Complaint
8-1

Motion to Consolidate

March 12, 2007 Pleading / Motion / Brief
12

Memorandum and Order Transferring Case to Chief Judge Patrick Murphy for Consolidation with Case Number 05-cv-0440-GPM

EEOC v. Walgreen Company

March 26, 2007 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Case Opened. Documents may now be electronically filed. Case number 07−172−MJR must be placed on all documents prior to filing them electronically. (Attachments: # 1 notice to consent to trial by Magistrate Judge)(dkd ) (Entered: 03/07/2007)

March 7, 2007
2

COMPLAINT against Walgreen Company (Filing fee $ 350.), filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Baran, Andrea) (Entered: 03/07/2007)

March 7, 2007
3

Letter sent to attorney Nora Curtin regarding PHV or General Admission. (dkd ) (Entered: 03/07/2007)

March 7, 2007
4

Amended Letter sent to attorney Nora Curtin regarding PHV or General Admission. (dkd ) (Entered: 03/08/2007)

March 8, 2007
5

First MOTION to Intervene by Pearle Phillips. (Attachments: # 1 Exhibit Charge of Discrimination# 2 Complaint in Intervention DELETED BY CLERK)(Favre, JoDee) Modified on 3/9/2007 (dmw). (Entered: 03/08/2007)

March 8, 2007
6

NOTICE OF ERRORS AND/OR DEFICIENCIES re 5 Motion to Intervene filed by Pearle Phillips. See attached document for specifics (dmw) (Entered: 03/09/2007)

March 9, 2007
7

Summons Issued as to Walgreen Company. (tkm) (Entered: 03/12/2007)

March 12, 2007
8

MOTION to Consolidate Cases by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A − Tucker Second Amended Complaint# 2 Exhibit B − EEOC Complaint)(Baran, Andrea) (Entered: 03/12/2007)

March 12, 2007
9

NOTICE by Equal Employment Opportunity Commission of Certificate of Service (Baran, Andrea) (Entered: 03/13/2007)

March 13, 2007
10

NOTICE OF ERRORS AND/OR DEFICIENCIES re 8 Motion to Consolidate Cases filed by Equal Employment Opportunity Commission. Exhibit 2 is a copy of the Complaint already on file in this case at document #2. Section 4.0, Page 4.9, of the Revised ECF User's Manual, directs filers to not attach any pleading or other paper already on file with the court; merely refer to that document number. Please note for future filings. No further action required as to document #8.(car)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/15/2007)

March 15, 2007
11

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Walgreen Company served on 3/14/2007, answer due 4/3/2007. (Baran, Andrea) (Entered: 03/21/2007)

March 21, 2007
12

MEMORANDUM and ORDER REASSIGNING CASE. Case is transferred to Judge G. Patrick Murphy for all further proceedings. Judge Michael J. Reagan no longer assigned to case. Signed by Judge Michael J. Reagan on 3/26/07. (acm) (Entered: 03/26/2007)

March 26, 2007
13

NOTICE of Appearance by Thomas R. Peters on behalf of Walgreen Company (Peters, Thomas) (Entered: 03/30/2007)

March 30, 2007
15

MOTION for Extension of Time to File Answer re 8 MOTION to Consolidate Cases, 5 First MOTION to Intervene by Walgreen Company. (Picou, Curtis) (Entered: 03/30/2007)

March 30, 2007
16

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Keith C. Hult for Walgreen Company. $100.00 fee paid,receipt number 300 117850 (tkm ) (Entered: 04/02/2007)

March 30, 2007
17

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney John A. Ybarra for Walgreen Company. $100.00 fee paid,receipt number 300 117851 (tkm) (Entered: 04/02/2007)

March 30, 2007
18

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Allan G. King for Walgreen Company. $100.00 fee paid,receipt number 300 117852 (tkm) (Entered: 04/02/2007)

March 30, 2007
19

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Amy Schaefer Ramsey for Walgreen Company. $100.00 fee paid,receipt number 300 117853 (tkm) (Entered: 04/02/2007)

March 30, 2007
20

ORDER: GRANTING 15 MOTION for Extension of Time to File Answer until 4/30/2007. The court will determine when responses to the motion to intervene and the motion to consolidate are due, if any, at the 4/23/2007 hearing. Signed by Judge G. Patrick Murphy on 4/3/2007. (lmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILE (Entered: 04/03/2007)

April 3, 2007
21

NOTICE of Hearing on 8 MOTION to Consolidate Cases, 5 First MOTION to Intervene: Motion Hearing set for 4/23/2007 at 02:30 PM in East St. Louis Court House before Chief Judge G. Patrick Murphy. (lmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/03/2007)

April 3, 2007
22

Minute Entry for proceedings held before Judge G. Patrick Murphy : Motion Hearing held on 4/23/2007. GRANTING 8 MOTION to Consolidate Cases filed by Equal Employment Opportunity Commission. This case is CONSOLIDATED with 05−440−GPM. All future filings shall be filed in 05−440−GPM. GRANTING 5 First MOTION to Intervene filed by Pearle Phillips. (Court Reporter Molly Clayton.) (lmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/23/2007)

April 23, 2007
23

ORDER TERMINATING CASE: See Consent Decree filed 3/24/2008 in Lead Case No. 05−440−GPM at Doc. 136. Signed by Judge G. Patrick Murphy on 3/25/2008. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/25/2008)

March 25, 2008

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 7, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African Americans who are or were employed by Walgreens in any Covered Position, for any length of time, between June 20, 2001, and the Preliminary Approval Date (start and end dates inclusive)

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Walgreen Company (Deerfield), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: $24,407,500

Order Duration: 2008 - 2013

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Promotion

Recordkeeping

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male

EEOC-centric:

Direct Suit on Merits