FILED

_ LODGED

_ RECEIVED _ COpy

1 RICHARD R. TRUTILLO MARY JO O'NEILL #005924
2 TRISHA KIRTLEY #013905 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 Phoenix District Office 3300 North Central Avenue, Suite 690
4 Phoenix, Arizona 85012 Telephone: (602) 640-5033
5
Attorneys for Plaintiff
6

JUN 3 0 1998

CLERK U 5 DISTRICT COURT

DISTRICT OF ARIZONA

BY

Z DepUTY

7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE DISTRICT OF ARIZONA
9

10

11 EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

12

)

)

13

Plaintiff,

)

)

14

)

vs.

)

15

)

K-MART CORPORATION,

)

16 a Michigan Corporation

)

)

17

)

Defendants.

)

18 - - - - - - - - - - - - - - - - - )

CIV98-12 UUPHXROS
COMPLAINT JURy TRIAL DEMAND

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

21 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and

22 retaliation, and to provide appropriate relief to Debbie Denton and a class of females including

23 Maria Garcia who were adversely affected by such practices. The Commission alleges

24 defendant sexually harassed Debbie Denton and a class of females, including Maria Garcia.

25 The Commission alleges that defendants constructively discharged Debbie Denton and a class

26 of females as a result of sexual harassment and/or retaliation. The Commission alleges

27 defendants retaliated against Debbie Denton, and a class of females and terminated her

28 employment in retaliation for opposing practices made unlawful by Title VII.

,_0·

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343lmd 1345. This action is authorized and instituted pursuant to Sections 706(t)(1) and (3)

4 of Title VII of the Civil Rights Act of 1964, as amended, 42 U .S.C. §2000e-5(f)(1) and (3)

5 ("Title VIlli), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.

6

2. The employment practices alleged to be unlawful were committed within the

7 jurisdiction of the United States District Court for the District of Arizona.

8

PARTIES

9

3. Plaintiff, the Equal Employment Oppo~nity Commission (the "Commission"),

10 is the agency of the United States of America charged with the administration, interpretation

11 and enforcement of Title VII and is expressly authorized to bring this action by Sections

12 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).

13

4. At all relevant times to this action, Defendant K-Mart Corporation has

14 continuously been doing business in the State of Arizona and the City of Winslow and has

15 continuously had at least 600 employees.

16

STATEMENT OF CLAIMS

17

5. More than thirty days prior to the institution of this lawsuit, Debbie Denton

18 filed a charge with the Commission alleging violations of Title VII by Defendant.

19

6. All conditions precedent to the institution of this lawsuit have been fulfilled.

20

7. Since at least April 1993, Defendant has engaged in unlawful employment

21 practices at the Phoenix, Arizona facility, in violation of Section 703(a) of Title VII, 42

22 U.S.C. §2000e-2(a) by sexually harassing a class of females because of their sex. As a result

23 of the sexual harassment Debbie Denton and a class of females were constructively discharged.

24

8. Since at least April 1993, Defendant has engaged in unlawful employment

. 25 practices at the Winslow, Arizona facility, in violation of Section 704(a) of Title VII, 42

26 U .S.C. §2000e-3(a) by retaliating against Debbie Denton and a class of females because they

27 opposed practices made unlawful by Title VII. As a result of the retaliation Debbie Denton

28

2

' .....

1 and a class of females were constructively discharged, terminated, and/or subject to different

2 terms and conditions of employment.

3

9. The effect of the practices complained of above has been to deprive Debbie

4 Denton, and a class of females, of equal employment opportunities and otherwise adversely

5 affect their status as employees because of sex.

6

10. The unlawful employment practices complained of above were intentional.

7

11. The unlawful employment practices complained of above were done with malice

8 or with reckless indifference to the federally protected rights of Debbie Denton and a class of

9 females including Maria Garcia.

10

PRAYER FOR REI,ffiF

11

Wherefore, the Commission respectfully requests that this Court:

12

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

•

13 assigns and all persons in active concert or participation with them, from engaging in sexual

14 harassment and retaliation and any other employment practice which discriminates on the basis

15 of sex.

16

B. Order Defendants to institute and carry out policies, practices and programs

1 7 which provide equal employment opportunities for women and for those who oppose practices

18 made unlawful by Title VII, and which eradicate the effects of their past and present unlawful

19 employment practices.

20

c. Order Defendants to make whole Debbie Denton and a class of females by

21 providing appropriate back pay with prejudgment interest in amounts to be determined at trial,

22 and other affirmative relief to eradicate the effects of their unlawful employment practices,

23 inclUding, but not limited to front pay and reinstatement.

24

D. Order Defendants to make whole Debbie Denton and a class of females,

25 including Maria Garcia, by providing compensation for past and future pecuniary losses

26 resulting from the un1awful employment practices described above, including, but not limited

27 to job search expenses and medical expenses, in amounts to be determined at trial.

28

3

.... _...

,
'...'.......I

1

E. Order Defendants to make whole Debbie Denton and a class of females

2 including Maria Garcia, by providing compensation for past and future nonpecuniary losses

3 resulting from the unlawful practices complained of above, including emotional pain and

4 suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation, in

5 amounts to be determined at trial.

6

F. Order Defendants to pay Debbie Denton and a class of females including Maria

7 Garcia punitive damages for its malicious and reckless conduct described above, in amounts to

8 be determined at trial.

9

G. Grant such further relief as the Court deems necessary and proper in the public

10 interest.

11

H. Award the Commission its costs in this action.

12

.llIRY TRIAL DEMAND

13

The Commission requests a jury trial on all questions of fact raised by its complaint.

14 15

tR- DATED thi~day of June, 1998.

16

Respectfully submitted,

17
C.GREGORYSTEWART

18

General Counsel

19

GWENOLYN YOUNG REAMS

Associate General Counsel

20

21

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

22

1801 L Street, N.W.

23
24
25

~;;~117/ Regional Attorney

26

27

28

4

,.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17 18 19 20 21 22 23 24 25 26
27 28

EQUAL EMPLOY OPPORTUNITY COM Phoenix District Office 3300 North Central, Suite Phoenix, Arizona 85012 (602) 640-5033 Attorneys for Plaintiff
5

 </s> ".
-'

1 RICHARD R. TRUJILLO 2 MARY JO O'NEILL #005924
TRlSHA KIRTLEY #013905 3 EQUAL EMPLOYMENT OPPORTUNITY Co.MMISSION
Phoenix District Office 4 3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012 5 (602) 640-5033

6 Attorneys for Plaintiff

7 .Ml.LLER, CANFIELD, PADDOCK and STONE, F.L.C.

8 Walter B. Connolly(P23646)

.

Clara G. DeQuick (P45741)

9. 150 West Jefferson, Suite 2500

10 Detroit, MY 48226

(313) 963-6420

11
Attorneys for Defendant Kmart Corporation
12

APR 05 1999

CLERK US OISi~ICi COUR

.z DISTf;IOi Of A,:tIZONA

BY

'"

DEPU

FILED

__ LODGED

_ RECEIVED _ COpy

APR 06 1999

C .ER U S DISTRICT COURT

(;)TRICT OF AR1Z0f\JA

BY__~_ _. .

DEPUTY

13

14

UNITED STATES DISTRICT COUR'l'

15

DISTRICT OF ARIZONA

16 EQUAL EMPLOYMENT OPPORTIJNITY
17 COMMISSION,

18

Plaintiff.

19 v.

20
KMART CORPORATlON, a Michigan. 21 Corporation

Case No. CIV 98-1200 PHX ROS'
STIFULATION ANI) ORDER OF DISMISSAL

22

Defendant.

23

24

The

United

States

Equal

Employment

Opportunity

Commission

("E

EO

C

I

l )

and,

25 Kmart Corporation ("Kmart") have settled this matter in its' entirety, resolving all olaims.

26

1 of the Commission, Debra Denton and Maria Garci.a~ in accordance with the terms of the
2 Settlement Agreement attached hereto as Exhibit A. Now~ therefore.
3 IT IS HEREBY ORDERED tha.t the parties shal:l comply with the tenns of the
4
5 Settlement Agreement and tha.t this Court shall retain jurisdiction for purposes 0

6 enforcing the Settlement Agreement as expressly set forth therein.

7

IT IS FURTHER ORDERED that this action is dismissed, each party to bear its

8

own costs and attorneys' fees incurred in this action as of the date of the entry of this
9

10 Order.

11

So Ordered.

12

13

14

15 STIPULATED AND REQUESTED BY;

16 EQUAL EMPLOYMENT

17

OPPORTUNITY COMMISSION RICHARD R. TRUjILLO

18

19

20

21

22

23

24

25

26 Attorneys for Plaintiff

MILLER, CANFIELD, PADDOCK and STONE
Walter B. CODnol1y, Jr.
CI~~
=~ B~ . . . . ' .
2500 West Jefferson Avenue, Ste. 2500 Detroit, Michigan 48226 313-963-1390
Attorneys for Defendant
DEUa:2058724.1~5911-OOO34

-2-

--.

f

o

1
r
2

3

IN THE UNITED STATES DISTRICT COURT

4
FOR THE DISTRICT OF ARIZONA

5

6

7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
8

9

Plaintiff,

10

vs.

j
CIV 98-1200 PHX ROS SETTLEMENT AGREEMENT

11 K-MART CORPORATION, a Michigan Corporation
12 Defendants.
13 - - - - - - - - - - - - - )

14

The parties hereby file the attached Settlement Agreement (Exhibit 1) for the above

15 captioned action. Defendant will file the original signature page for Shavan M. Giffen, Esq.,

16 K-Mart Corporation under separate cover.

17

DATED this 2nd day of March, 1999.

18

Respectfully submitted,

19

20

21

22

23

24

EQUAL EMPLOY -ENT

25

OPPORTUNITY COMMIS

Phoenix District Office

26

3300 North Central Avenue, # 690

Phoen~JArizona 85012

27

Telephone: (602) 640-5020

28

Attorneys for Plaintiff

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF ARIZONA

3

4 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
5 Plaintiff,
6
v. 7

8

KMART CORPORATION, a Michigan Corporation

9

Defendant.

10

Case No. CIV 98-1200 PHX ROS SETTLEMENT AGREEMENT .

11

KInart Corporation (herein "Kmart") and the Equal Employment Opportunity

Commission (herein "EEOC") by and through their undersigned representatives hereby agree 12 to completely settle, compromise and resolve a lawsuit in the United States District Court for

13

the District of Arizona entitled EEOC v. Kmart Corporation, Case No. CV-98-1200 (herein "Lawsuit"), in which EEOC sought relief on behalf of Debbie Denton, Maria Lopez, and a

14 class of individuals allegedly subjected to sexual harassment, sex discrimination and retaliation (herein "Claimants").

15

EEOC, Claimants and Kmart ("Parties") agree that this Settlement Agreement fully and

16 finally disposes of the claims raised in the Lawsuit, that Kmart's execution of this Settlement

Agreement is not an admission of liability and that this Agreement constitutes the entire 17 agreen1ent atnong the Parties.

18 GENERAL PROVISIONS

19 1.
20

This Settlement Agreement shall provide complete relief to all eligible Claimants, including particularly Debbie Denton Lopez and Maria Garcia.

21 2. 22 23

The Parties agree that Kmart has neither admitted liability nor made any representations as to liability respecting the allegations contained in this Lawsuit. This Agreement shall not constihlte a finding on the merits of the allegations set forth in the Complaint.

24 3. 25
26

EEOC ullconditionally releases Kmart, its officers, agents, employees and assigns, in connection with any claims that have or could be made in or in connection with the Lawsuit or the facts and circumstances underlying it, including particularly any

EXHIBIT 1

1 2 3
4 4.
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

violations of Title VII of the Civil Rights Act of 1964 andlor the Civil Rights Act of 1991, arising out of its operation of Store 3429 in Winslow, Arizona.

EMPLOYMENT PRACTICES

Kmart agrees to implement the following practices:

(a) All employees at the level of Supervisor or higher in District No. 906 will be required to attend a sexual harassment training program, which program shall include the following topics:

1. What sex harassment is;

2. That sex harassment is unlawful;

3. That sex harassment violates company policies;

4. The avenues available to employees to make complaints of sex harassment;

5. How to timely and appropriately respond to complaints of sex harassment, including how to investigate, remedy and report such complaints;

6. The consequences of sex harassment, including appropriate disciplinary action; and,

7.

Supervisors and managers responsibilities in regard to

preventing and remedying hostile environment sex harassment

and qUid pro quo sex harassment.

EEOC will be provided a copy of the sexual harassment training media utilized.

(b) Kmart's sexual harassment policy will be reissued to all employees in all Kmart stores in District No. 906.

(c) For a period ending two years from. the date of this Settlement Agreement, whenever the. District Team Manager visits a Krnart store in District No. 906, Kmart will post a notice to employees stating that the District Manager is in the store and is available to meet privately with employees regarding any complaints, including complaints ofdiscrimination.

-2-

-_.----,------~.~~~-

1

(d) For a period ending two years from the date of this Settlement Agreement,

Kmart will emphasize and explain its policy prohibiting sexual harassment and

2

its internal complaint procedure to all new employees during orientation.

3

RELIEF FOR CLAIMANTS

4 5.

Kmart agrees to pay the gross sum of Fifteen Thousand Dollars ($15,000), which sum

5

shall constitute "compensatory damages" under the Civil Rights Act of 1991, 42 U.S.C.

§ 1981, and shall not be for back payor other wages of any kind and which shall be

6

. paid to the only Claimartts EEOC identified in this case, as follows:

7

(a) Within ten business days of the execution ofthis Settlement Agreement,

8

and of the Release of All Claims attached hereto as Appendix A, Kmart

shall issue a business check made payable to Debbie Denton Lopez in

9

the amount of Ten Thousand Dollars ($10,000), and shall issue a

corresponding Form 1099, referencing Social Security No.

10

and,

11 12 13 14
15 6.
16 17 18 19 20
7. 21 22 23 24 25 26

(b) Within ten business days ofthe execution ofthis Settlement Agreement, and of the Release ofAll Claims attached hereto as Appendix B, Kmart shall issue a business check made payable to Maria Garcia in the amount of Five Thousand Dollars ($5,000), and shall issue a corresponding Form 1099, referencing Social Security
Kmart shall expunge from the personnel record of Debbie Denton Lopez any and all references to an internal complaint of sexual harassment, to the investigation of the internal complaint qf sexual harassment made by Debbie Denton Lopez on or about March 24, 1995, to the charge of discrimination she filed with the EEOC and all references to the reasons for the termination of her employment, and shall provide a neutral reference to any person or entity who inquires in writing about Debbie Denton Lopez's employment history with Kmart Corporation.
DISPUTE RESOLUTION
In the event that any party to this Agreement believes that another party has failed to comply. with any provision(s) of the Agreement, the complaining party shall notify the alleged non-complying party in writing of such non-compliance and afford the alleged non-complying party ten (10) business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it ~as complied within ten (10) business days, the complaining party may apply to this Court for appropriate relief.
The Court shall retain jurisdiction over this Settlement Agreement for the period oftwo years, solely for the purpose of resolving any disputes concerning implementation and

-3-

- - - - ---------------~

"-

1

compliance with its terms. This Settlement Agreement shall expire by its own tenns

and without further action of the Parties two years from the date of its execution. 2

3

SIGNATURES

4

I have read this Agreement, and I accept and agree to its provisions.

5

6 KMART CORPORATION:

7 By:

_

Dated:

_

Shavan M. Giffen, Esq.

8

Divisional Counsel

9

1

Dated: _~'--I----L-I----=~_+--

17
DELlB:2048904.1 \04.5911'-00034
18 19 20 21 22 23 24 25 26
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~R-02-99 15:09

03/02/99

16:53

m ~.g6 8452

P. 05

MILLEk........-iNFIELD -? 21:l2581:1916026405071

.._ j

R-785

Job-lTD
NO. 625 [;)05

1

compliance with its tenns. This Settlement Agreement shall expire by its own terms

and without further action ofthe 'Parties two years from the date of its execution.
2

3

SIGNATURES

4

rhave read this Agreement, and I accept and agree to its provisions.

5

6

7

Dated: --=3_-_)----'-7...j. ~_ _

8

9
10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

11 Richard Trujillo, Regional Attorney
12
13 Mary Jo O'Neill, Supervisory Trial Attorney 14
IS Tri5ha Kirtley, Trial Attorney

Dated: Dated: Dated:

_

_

~~

_

16

17

18

19

20

21

22

23

24

25

26

-4-

./ '-~'

1

APPENDIX A

2

RELEASE OF ALL CLAIMS

3 In consideration of accepting the relief offered to me under the tenus of the March _ ,
4 1999 Settlement Agreement between the Equal Employment Opportunity Commission and
5
Kmart Corporation in Equal Employment Opportunity Commission v. Kmart Corporation,
6

7 CIV 9&-1200 PBX ROS (D. Az.), I, Debbie Denton Lopez, release and discharge the

8 Defendant, Kmart Corporation, its officers, agents, employees and assigns, from all legal,

9 equitable or administrative claims or causes of action arising out of any employment
10 discrimination which may violate Title VII of the Civil Rights Act of 1964 and/or the Civil 11
Rights Act of 1991, occurring before the execution ofthis Release. 12
I understand that the relief to be given to me does not constitute an admission by Kmart 13 14 of the validity of any claim raised by me or on my behalf, and that it is not an admission of
15 liability or wrongdoing whatsoever.

16

This release is the entire agreement between myself and Defendant Krnart Corporation.

17

I acknowledge that a copy of the Settlement Agreement in this action has been made

18 available to me.
19 I HAVE READ THIS RELEASE AND UNDERSTAND TIlE CONTENTS OF THIS
20
RELEASE AND I EXECUTE TIllS RELEASE FREELY AND VOLUNTARILY. 21

22

Signed this _ day of March, 1999.

23

24

DEBBIE DENTON LOPEZ

25

Social Security Number

26

-5-

_..... ...'

1

APPENDIXB

2

RELEASE OF ALL CLAIMS

3 In consideration of accepting the relief offered to me under the terms ofthe March _ ,
4 1999 Settlement Agreement between the Equal Employment Opportunity Commission and
5
Kmart Corporation in Equal Employment Opportunity Commission v. Kmart Corporation, 6

7 ClV 98-1200 PHX"ROS (D. Az.), I, Maria Garcia, release and discharge the Defendant, Kmart

8 Corporation, its officers, agents, employees and assigns, from. all legal, equitable or

9 administrative claims or causes of action arising out of any employment discrimination which
10 may violate Title VII of the Civil Rights Act of 1964 and/or the Civil Rights Act of 1991, 11
occurring before the execution ofthis Release. 12
I understand that the relief to be given to me does not constitute an admission by Kmart 13 14 of the validity of any claim. raised by me or,on my behalf, and that it is not an admission of
15 liability or wrongdoing whatsoever.

16

This release is the entire agreement between myself and Defendant Kmart Corporation.

17

I ack-.nowledge that a copy of the Settlement Agreement in this action has been ma:de

18 available to me.

19 I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS OF THIS
20
RELEASE AND I EXECUTE THIS RELEASE FREELY AND VOLUNTARILY. 21

22

Signed this _ day ofMarch, 1999.

23

24

MARIA GARCIA

25

Social Security Number 527-97-&965

26

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 </s> CM/ECF - azd - Docket Report

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U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:98-cv-01200-ROS

STD, TERMED

EEOC v. K-Mart Corporation Assigned to: Judge Roslyn O Silver Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/30/1998 Date Terminated: 04/06/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Ann Kirtley Kirtley Wells PC 3800 N Central Ave Ste 615 Phoenix, AZ 85012 602-264-7424 Fax: 866-743-4332 Email: tkkwlo@cybertrails.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Kmart Corporation a Michigan corporation also known as K-Mart Corporation also known as K Mart Corporation

represented by Clara G DeQuick Miller Canfield Paddock & Stone PLC 150 W Jefferson Ste 2500 Detroit, MI 48226 (313)963-6420 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie J Quincy

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Sherman & Howard LLC 1850 N Central Ave Ste 500 Phoenix, AZ 85004-5500 602-636-2000 Fax: 602-234-7979 Email: squincy@sah.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/30/1998 07/22/1998 08/06/1998 08/13/1998 08/13/1998 08/18/1998 10/19/1998 10/26/1998
11/06/1998 11/12/1998 11/13/1998 11/16/1998

#

Docket Text

1 COMPLAINT FILED (MAP) (Entered: 07/01/1998)
2 RETURN OF SERVICE EXECUTED by leaving copy w/Kathy Cheshire for dft K-Mart Corporation on 7/17/98 (MAP) (Entered: 07/28/1998)
3 ANSWER by dft K-Mart Corporation (MAP) (Entered: 08/10/1998)
4 ATTORNEY APPEARANCE for dft K-Mart Corporation by Carla G DeQuick (MAP) (Entered: 08/18/1998)
5 NOTICE by dft K-Mart Corporation of Service of Attorney Appearance (MAP) (Entered: 08/18/1998)
6 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)
7 PROPOSED CASE Management Plan (MAP) (Entered: 10/26/1998)
8 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)
9 TRANSCRIPT of Scheduling Conference by Court Reporter: Gary Moll for the following date(s): 10/26/98 (MAP) (Entered: 11/10/1998)
10 NOTICE by pla EEOC of Service of Pla's EEOC's Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/13/1998)
11 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)
12 NOTICE by dft K-Mart Corporation of Service of Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/20/1998)

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11/16/1998 11/24/1998 11/25/1998 11/30/1998 12/02/1998
01/13/1999 01/14/1999 01/14/1999 01/20/1999
01/20/1999 01/20/1999 01/20/1999 01/25/1999 02/22/1999 02/24/1999 03/03/1999

13 NOTICE by dft K-Mart Corporation of Service of Initial Disclosure Stmt (MAP) (Entered: 11/20/1998)
14 NOTICE by dft K-Mart Corporation of Service of discovery (MAP) (Entered: 11/25/1998)
15 NOTICE of service of 1st supplemental Rule 26(a)(1) disclosure statement by pla EEOC (MAP) (Entered: 11/25/1998)
16 NOTICE by pla EEOC of Service of 1st Request for production of documents (MAP) (Entered: 11/30/1998)
17 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)
18 NOTICE by pla EEOC of Service of 2nd Supplemental Rule 26(a)(1) Disclosure Statement (MAP) (Entered: 01/14/1999)
19 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)
30 MEMORANDUM In Support of Motion to Amended Complaint by pla EEOC re [19-1] (MAP) (Entered: 08/27/1999)
20 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)
21 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)
22 NOTICE (CERTIFICATE) by dft K-Mart Corporation of Service re subpoena duces tecum (MAP) (Entered: 01/22/1999)
23 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)
24 CORRECTED CERTIFICATE by dft K-Mart Corporation of Service (MAP) (Entered: 01/26/1999)
25 JOINT STIPULATION AND MOTION to continue time for filing settlement agreement by dft K-Mart Corporation [25-1] (MAP) (Entered: 02/23/1999)
26 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)
27 NOTICE by pla EEOC of Filing of Original Signature Page for Settlement Agreement (MAP) (Entered: 03/05/1999)

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04/05/1999 04/06/1999

28 STIPULATION by pla, dft for dismissal of case (copy filed as an original per J Smith, ROS Chambers) (MAP) (Entered: 04/06/1999)
29 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)

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eeoc 2:98-cv-01200-ROS 0.16

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[CONTENT] EEOC | Phoenix | June 30, 1998 | the U.S. District Court | Arizona | Kmart Corporation ||| Title VII of the Civil Rights Act | 1964 |||  |||  ||| January 20, 1999 ||| March 6, 1999 ||| the District Team ||| 15,000 | two ||| 2 years [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 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.

