IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

SEP 2 7 1999
N. Milby, Clerk

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
SEARS, ROEBUCK AND CO., Defendant.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMAND

NATURE OF ACTION

This is an action under the Age Discrimination in Employment Act of 1967, as amended, to

correct unlawful employment practices on the basis ofage, and to provide appropriate reliefto Mary

E. Broadstreet and a class of employees over the age of 40 who were adversely affected by such

practices. These employees were subjected to unlawful discrimination through the intentional acts

of the department manager, an employee and supervisor of Defendant, Sears, Roebuck and Co.

(hereinafter "Sears").

JURISDICTION AND VENUE

1.

Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Sections 626(c)(I), (2) and (d) ofthe

Age Discrimination in Employment Act, as amended, 29 U.S.C. §626 ("ADEA'').

2.

The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction ofthe United States District Court for the Southern District ofTexas, Corpus

Christi Division.

PARTIES

3.

Plaintiff, the Equal Employment Opportunity Commission (hereinafter "the

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Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the ADEA, and is expressly authorized to bring this action by Sections 626(c)(1), (2) and (d) ofthe ADEA, 29 U.S.C. §626.
4. At all relevant times, Defendant, Sears, a foreign corporation registered to do business in the State of Texas, has continuously been doing business in the State of Texas in the city of Corpus Christi, Texas as Sears, Roebuck and Co., and has continuously had at least fifteen employees.
5. At all relevant times, the Defendant, Sears, has continuously been an employer engaged in an industry affecting commerce within the meaning ofSection 630(b), (g), and (h) ofthe ADEA, 29 U.S.C. §630(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Mary E. Broadstreet filed a charge with the Commission alleging violations ofthe ADEA by Defendant, Sears. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least on or about February 1996 through September 1996, the Defendant, Sears, has engaged in unlawful employment practices at its store located at 1305 Airline Drive, Corpus Christi, Texas, in violation of Section 623(a)(1) of the ADEA, 29 U.S.C. § 623(a). The unlawful practices complained of were the failure to promote Mary E. Broadstreet and other comparably aggrieved members ofthe class of employees, based on their age. Mary E. Broadstreet complains that she was not promoted from part-time to full-time because ofher age, when Defendant Sears' employee and department manager, promoted other employees outside the protected age group (PAG) who were no better qualified than Broadstreet. The EEOC further complains that other
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comparably aggrieved members ofthe class were also subjected to unlawful discrimination because of their age when they were not promoted from part-time to full-time by Defendant Sears' department manager.
8. The effect of the practices complained of in paragraph seven above has been to
deprive Mary E. Broadstreet and other comparably aggrieved members of the class of equal
employment opportunities and to otherwise adversely affect their status as employees, because of their age.
9. The unlawful employment practices complained of in paragraph seven were and are intentional.
10. The unlawful employment practices complained of in paragraph seven above were willful within the meaning of Section 626(b) of the ADEA, 29 U.S.C. §626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a petmanent injunction enjoining the Defendant, Sears, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of age; B. Order the Defendant, Sears to institute and carry out policies, practices, and programs which provide equal employment opportunities for persons in the protected age group, and which eradicate the effects of its past and present unlawful employment practices; C. Order the Defendant, Sears to make whole Mary E. Broadstreet and other comparably aggrieved individuals by providing appropriate back pay with prejudgment interest, in amounts to be detetmined at trial, and an equal sum in liquidated damages. Ifthe trier of fact should find the
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unlawful employment practice complained ofwas not willful within the meaning ofthe ADEA, then the Commission respectfully requests that this Court grant an award ofprejudgment interest on the back pay award to Ms. Broadstreet and other comparably aggrieved individuals;
D. Order the Defendant, Sears to make whole Mary E. Broadstreet and other comparably aggrieved members of the class, by providing other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to the reinstatement ofMary E. Broadstreet and other comparably aggrieved individuals as full-time employees, or front pay in lieu thereof;
E. Grant such further relief as the Court deems necessary and proper in the public interest; and
F. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel Designate GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN
Regional Attorney State Bar No. 076083 (District of Columbia)
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Supervisory Trial Atto ey Texas State Bar No. 08642750 Southern District No. 14464
T a1 Attorney Texas State Bar No. 00794465 Southern District No. 23449 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 (210) 281-7636 (210) 281-7669 (Fax) ATTORNEYS FOR PLAINTIFF
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

United States Dis ·
Southern FDl!/srtr:i:f! terifcTteCr"olu~.-

JUL 2 7 2000

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SEARS, ROEBUCK AND CO.,
Defendant.

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MICHAEL N. MILI:iY ClERk

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§ CIVIL ACTION NO. C-99-395

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JOINT MOTION TO DISMISS WITH PREJUDICE
Plaintiff Equal Employment Opportunity Commission ("Plaintiff') and Defendant Sears, Roebuck and Co. ("Defendant") file this Joint Motion to Dismiss With Prejudice and respectfully show the Court as follows:
Plaintiff and Defendant have settled the disputes between them and have agreed to dismiss all claims remaining in this lawsuit as reflected in the Settlement Agreement and Release attached hereto as Exhibit"A." The parties desire that the Court dismiss Plaintiffs claims against Defendant with prejudice and order that the costs incurred herein be taxed against the party incurring them.
WHEREFORE, Plaintiffand Defendant respectfully request the Court to dismiss Plaintiffs claims against Defendant with prejudice and order that the costs incurred herein be taxed against the party incurring them.

Joint Motion to Dismiss With Prejudice

Pagel

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Joint Motion to Dismiss With Prejudice
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Respectfully submitted,
C. GREGORY STEWART General Counsel Designate GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney
State Bar No. 076083 (District of Columbia)
I
LINDA Supervisory Attorney
Texas State Bar No. 08642750 Southern District No. 14464
S PITTARD Tria ttorney
Texas State Bar No. 00794465 Southern District No. 23449 Equal Employment Opportunity Commission 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7636 Telecopy: (21 0) 281-7669 Attorneyfor Equal Employment Opportunity Commission
Pagel

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~t"'t"' Bar No. 12852200 District No. 17496
..,.. COUNSEL Jennifer Evans Morris
State Bar No. 24013198 Southern District No. 24157
CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
200 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: (214) 855-3000 Telecopy: (214) 855-1333
Attorneys for Sears, Roebuck and Co.

Joint Motion to Dismiss With Prejudice
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IN THE

STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

~~derSntatD~?1~stQrrcistt~n:~cf tr-=..;...

ENTE p, Er:t .

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

Plaintiff,
v.
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SEARS, ROEBUCK AND CO.,.
Defendant.

§

Michael N. Milby

§

Clerk of Court

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§ CIVIL ACTION NO. C-99-395

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ORDER Of DISMISSAL WITH PREJUDICE
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On this day the Court consi~ered the Unopposed Joint Motion of Dismissal with Prejudice
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filed by PlaintiffEqual Employment Opportunity Commission and Defendant Sears, Roebuck, and

Co. in the above-numbered and st)}led civil action. The Court is of the opinion and finds that all
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claims of Plaintiff against Defendan'' t should be dismissed with prejudice.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that any and all claims of

Plaintiff presented in the above-stYled and numbered cause of action against Defendant, be, and

hereby are, dismissed with prejudice to the refiling of same in any form.
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IT IS FURTHER ORDEREb, ADJUDGED AND DECREED that any and all costs incurred
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herein shall be taxed against the pahy incurring them.

THEHONORABLEHAYDE . HEAD, JR.

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CLOSED, MOTREF
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:99-cv-00395

Equal Employment Opp v. Sears, Roebuck and C Assigned to: Chief Judge Hayden Head Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 09/27/1999 Date Terminated: 07/31/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff Equal Employment Opp

represented by Robert Christan Pittard Davis Law Firm 5710 IH-10 W San Antonio, TX 78201 210-734-3599 Fax: 210-785-0806 Email: chrisp@jeffdavislawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Gutierrez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637 Fax: 210-281-7669 fax ATTORNEY TO BE NOTICED

Robert B Harwin EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-229-4830 ATTORNEY TO BE NOTICED

V. Defendant Sears, Roebuck and Co

represented by Jane Makela Carrington Coleman et al 200 Crescent Ct Ste 1500 Dallas, TX 75201

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214-855-3000 Fax: 214-855-1333 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/1999 09/27/1999 10/14/1999 11/22/1999 12/13/1999 12/17/1999 12/17/1999 12/21/1999 01/11/2000 01/11/2000 01/18/2000
01/19/2000

#

Docket Text

1 COMPLAINT by Equal Employment Opp filed; (drodrigues) (Entered: 09/29/1999)
2 ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set scheduling conference for 1:15 1/19/00 before Judge Hayden W. Head Jr. , entered; Parties notified. (drodrigues) (Entered: 09/29/1999)
3 CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 10/18/1999)
4 WAIVER OF SERVICE Returned Executed as to Sears, Roebuck and C 11/11/99 , filed. (drodrigues) (Entered: 11/24/1999)
5 ANSWER to Complaint by Sears, Roebuck and C , filed. (drodrigues) (Entered: 12/14/1999)
6 FIRST AMENDED ANSWER to Complaint by Sears, Roebuck and C : amends [5-1] answer , filed. (drodrigues) (Entered: 12/17/1999)
7 CERTIFICATE OF DEFENDANT REGARDING FINANCIAL INTERESTED by Sears, Roebuck and C filed. (drodrigues) (Entered: 12/17/1999)
8 FIRST AMENDED CERTIFICATE OF DEFENDANT REGARDING FINANCIAL INTEREST by Sears, Roebuck and C filed. (drodrigues) (Entered: 12/21/1999)
9 JOINT MOTION to conduct intitial pretrial and scheduling conference by telephone by Equal Employment Opp, Sears, Roebuck and C , filed (drodrigues) (Entered: 01/12/2000)
10 JOINT REPORT OF MEETING AND DISCOVERY/Case Management Plan by Equal Employment Opp, Sears, Roebuck and C , filed. (drodrigues) (Entered: 01/12/2000)
11 ORDER granting [9-1] joint motion to conduct intitial pretrial and scheduling conference by telephone set initial pretrial and scheduling conference by telephone for 1:15 1/19/00 before Judge W. Head Jr. , entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 01/19/2000)
12 Scheduling conference by telephone held before Judge Hayden W. Head Jr. Ct Reporter: Genay Rogan Tape Number: 1A/10-end. Case called. Appearances made. Discussion of scheduling order and facts of the case. Scheduling order is signed. Deft atty says that pltff was not able to perform her part-time job much less a full time job. Deft atty says pltff did not express her interest in full time job and that pltff had health problems. Pltff atty says statistics show that persons over 40 at Sears were not promoted. No pending motions. Adjourned. 1:25.

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01/19/2000
01/28/2000 02/04/2000 02/07/2000 03/27/2000 04/17/2000 04/19/2000 04/19/2000 04/25/2000 04/26/2000 04/27/2000
04/27/2000
04/27/2000 05/02/2000

(drodrigues) (Entered: 01/20/2000)
13 SCHEDULING ORDER setting Amending of pleadings 5/15/00 ; Joining of parties 12/10/99 ; Pltf expert witness list submitted by 4/10/00 ; Deft expert witness list submitted by 4/10/00 ; Discovery cutoff 6/12/00 ; Deadline for filing all dispositive motions 6/12/00 ; Pretrial order to be submitted on or before 3:00 9/1/00 ; Docket call deadline 1:15 9/14/00 ; Jury Trial deadline 9:00 9/25/00 before Judge Hayden W. Head Jr. , entered. Parties notified. ( Signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 01/20/2000)
14 ORDER striking [10-1] discovery , entered; Parties notified. ( signed by Judge Hayden W. Head Jr. ) (drodrigues) (Entered: 02/01/2000)
15 JOINT REPORT OF MEETING AND DISCOVERY/Case Management Plan by Equal Employment Opp, Sears, Roebuck and C , filed. (drodrigues) (Entered: 02/04/2000)
16 SECOND AMENDED ANSWER to Complaint by Sears, Roebuck and C : amends [5-1] answer , filed. (drodrigues) (Entered: 02/07/2000)
17 MOTION to compel discovery from plaintiff by Sears, Roebuck and C Jane Makela for defendant Sears, Roebuck and C, Motion Docket Date 4/16/00 [17-1] motion , filed. (drodrigues) (Entered: 03/29/2000)
18 RESPONSE by Equal Employment Opp to [17-1] motion to compel discovery from plaintiff , filed. (drodrigues) (Entered: 04/17/2000)
19 Docket entry: The Plaintiff's Motion to Compel and Deft's Response has been referred to the Magistrate Judge for disposition. (drodrigues) (Entered: 04/20/2000)
Motion(s) referred: [17-1] motion to compel discovery from plaintiff referred to Magistrate Judge B. J. Ellington (drodrigues) (Entered: 04/20/2000)
20 UNOPPOSED JOINT MOTION to conduct hearing concerning defendant's motion to compel by telephone by Equal Employment Opp, Sears, Roebuck and C , filed (drodrigues) (Entered: 04/26/2000)
21 REPLY by Sears, Roebuck and C to response to [17-1] motion to compel discovery from plaintiff , filed (drodrigues) (Entered: 04/26/2000)
22 Docket entry: Deft's Reply to Pltff's Response to Deft's Motion to Compel [21-1] and Unopposed Motion to Conduct Hearing on Motion to Compel by Telephone [20-1] is referred to Magistrate Judge Ellington by Judge Head for disposition. (drodrigues) (Entered: 04/27/2000)
Motion(s) referred: [20-1] joint motion to conduct hearing concerning defendant's motion to compel by telephone and reply to pltff's response to deft's motion to compel [21-1] referred to Magistrate Judge B. J. Ellington (drodrigues) (Entered: 04/27/2000)
23 NOTICE of Hearing: set telephone conference for 9:00 5/2/00 before Magistrate Judge B. J. Ellington , filed. (drodrigues) (Entered: 04/28/2000)
24 Motion hearing re: [17-1] motion to compel discovery from plaintiff Ct Reporter: Grace Lerma Tape Number: 1(10-470). Case called. Court denies Motion to

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05/02/2000 06/06/2000 06/09/2000 07/27/2000 07/31/2000 07/31/2000

Compel on the basis of the waiver of privilege. Deft. withdraws request for any further relief. Court adjourned. (drodrigues) (Entered: 05/03/2000)
ORAL ORDER of Magistrate Judge B. J. Ellington denying on the basis of the waiver of privilege [17-1] motion to compel discovery from plaintiff (drodrigues) (Entered: 05/03/2000)
25 UNOPPOSED JOINT MOTION to extend deadline to file dispositive motions by Equal Employment Opp, Sears, Roebuck and C , filed (drodrigues) (Entered: 06/07/2000)
26 ORDER granting [25-1] joint motion to extend deadline to file dispositive motions , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) (drodrigues) (Entered: 06/12/2000)
27 JOINT MOTION to dismiss with prejudice by Equal Employment Opp, Sears, Roebuck and C , filed (drodrigues) (Entered: 07/31/2000)
28 ORDER granting [27-1] joint motion to dismiss with prejudice , entered; Parties notified. ( signed by Judge Hayden W. Head Jr ) Costs taxed against the party incurring them. (mserpa) (Entered: 08/01/2000)
Case closed (mserpa) (Entered: 08/01/2000)

PACER Service Center

Transaction Receipt

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Description: Docket Report Search Criteria: 2:99-cv-00395

Billable Pages: 2

Cost:

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SETTLEMENT AGREEMENT AND RELEASE

This Agreement (the "Agreement") is made and entered into by and between the U.S. Equal Employment Opportunity Commission ("EEOC") and Sears, Roebuck and Co., including any successor or predecessors organizations ("Sears").

RECITALS

The parties mutually desire to enter into this Agreement for the purpose ofresolving all claims and disputes between the EEOC and Sears contained in or related to the lawsuit now pending in the United States District Court, Southern District ofTexas, Corpus Christi Division, styled EEOC vs. Sears, Roebuck and Co.; Civil Action No. M-99-395 (the "Lawsuit").

NOW THEREFORE, in consideration ofthese premises and the mutual agreements ofthe parties set forth below, the parties do hereby agree as follows:

1. Subject to and upon receipt of an executed Approval of Settlement in the form
attached hereto as Exhibits A and J2 from the respective payee, Sears will pay Mary Broadstreet by
check the amount ofFive Hundred Dollars ($500.00) and Mary Morales by check the amount ofFour Hundred Seventy-Five Dollars ($475.00), each less applicable payroll tax withholdings. (Sears will reflect such payments on W-2's to be provided to the check payees). A copy ofthe settlement checks and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

2. The EEOC on behalf of itself and others claiming by, through, or under it, hereby voluntarily and knowingly, fully and forever, releases and discharges Sears, its predecessors or successors, subsidiaries, affiliates, parent and related companies, and its present and fonner officers, directors, employees, agents, and representatives from all claims, actions, liabilities, demands, and causes of action, asserted in the Lawsuit. The EEOC agrees that no claim released herein shall be re-filed or made the basis ofor included in any way in any further legal action by the EEOC against Sears at any time.

3. The EEOC will provide the Approval of Settlement forms to the payees identified in Paragraph 1 and will advise them that they may consult private counsel before deciding whether to execute them. In order that the payees may truthfully represent that the terms of the settlement of the Lawsuit have been explained to them, the EEOC agrees that it shall provide such explanation to the payees when they are provided their Approval of Settlement form.

4. The EEOC acknowledges that this Agreement shall not be construed as an admission ofliability as to any matter on the part of Sears and that Sears expressly denies any violation oflaw, including with respect to the claims asserted in the Lawsuit and states that it enters into this Agreement solely to avoid the expense and other burdens of continued litigation.

Settlement Agreement and Release

EXHIBIT

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5. The parties agree to execute at the time this Agreement is executed, a Joint Motion to Dismiss With Prejudice in the form attached hereto as Exhibit C seeking dismissal ofthe Lawsuit with prejudice, which Motion shall be promptly filed with the Court by counsel for Sears. A copy of this Agreement shall be attached as Exhibit "A" to that Motion. To the extent that any other motions, pleadings, or other documents are required to accomplish dismissal of the Lawsuit with prejudice, the parties agree to execute and submit or file them promptly.
6. The EEOC and Sears agree that this Agreement may be used as evidence in a lawsuit in which the EEOC or Sears alleges a breach ofthe other's obligations in connection with settlement of this Lawsuit, and the parties acknowledge that a copy of this Agreement will be attached to the Joint Motion referenced herein. The EEOC specifically agrees that no notice ofthis Agreement or other resolution of the Lawsuit will be posted at Sears.
7. This Agreement is effective upon its execution by all parties hereto. It may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.

C. GREGORY STEWART General Counsel Designate
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWIN Regional Attorney
State Bar No. 076083 (District of Columbia)
. I
LINDA Supervisory Attorney
Texas State Bar No. 08642750 Southern District No. 14464

Settlement Agreement and Release

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SEARS, ROEBUCK AND CO.
Its: V Jl- e :P,.-e s ,-J

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.... Attorney Texas State Bar No. 00794465 Southern District No. 23449 Equal Employment Opportunity Commission 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7636 Telecopy: (210) 281-7669 Attorneyfor Equal Employment Opportunity Commission
Date

Settlement Agreement and Release
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APPROVAL OF SETTLEMENT

The undersigned, Mary A. Broadstreet, hereby acknowledges receipt ofpayment from Sears,

Roebuck and Co. in the amount of $

($500.00 less required tax withholding).

I acknowledge that the EEOC has informed me of its settlement and proposed dismissal of the

Lawsuit pending in the United States District Court, Southern District of Texas, Corpus Christi

Division, styled EEOC v. Sears, Roebuck and Co.; Civil Action No. M-99-395, in which I am one

of the individuals represented by the EEOC. The EEOC has explained to me the terms of its

settlement with Sears, as a part ofwhich I have received the payment referred to above. I have also

had the opportunity to consult private counsel concerning my decision to execute this Approval of

Settlement, whether or not I have chosen to utilize that opportunity. I understand and hereby

approve the terms of that settlement with respect to my interest represented by the EEOC in the

Lawsuit. IN CONSIDERATION OF RECEIPT OF THE PAYMENT REFERRED TO

ABOVE, I FURTHER AGREE TO KEEP ALL TERMS OF THE SETTLEMENT

BETWEEN THE EEOC AND SEARS, INCLUDING THE PAYMENT I HAVE RECEIVED,

STRICTLY CONFIDENTIAL AND NOT TO DISCLOSE ANY SUCH INFORMATION TO

ANYONE OTHER THAN TO MY PERSONAL FINANCIALfi'AX ADVISOR OR

IMMEDIATEFAMILYMEMBERS,EACHOFWHOMMUSTBEFIRSTINFORMEDOF

AND AGREE TO BE BOUND BY THIS CONFIDENTIALITY PROVISION AS WELL.

I understand that any violation ofthe confidentiality obligations hereunder shall require me to return

promptly to Sears the entire amount paid to me hereunder and may subject me to other action by

Sears for breach of contract.

Executed this ___ day of_ _ _ _ _ _ _, 2000.

Mary A. Broadstreet

Approval ofSettlement- Mary A. Broadstreet
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APPROVAL OF SETTLEMENT

The undersigned, Mary Morales, hereby acknowledges receipt of payment from Sears,

Roebuck and Co. in the amount of $

($475.00 less required tax withholding).

I acknowledge that the EEOC has informed me of its settlement and proposed dismissal of the

Lawsuit pending in the United States District Court, Southern District of Texas, Corpus Christi

Division, styled EEOC v. Sears, Roebuck and Co.; Civil Action No. M-99-395, in which I am one

of the individuals represented by the EEOC. The EEOC has explained to me the terms of its

settlement with Sears, as a part ofwhich I have received the payment referred to above. I have also

had the opportunity to consult private counsel concerning my decision to execute this Approval of

Settlement, whether or not I have chosen to do so. I understand and hereby approve the terms ofthat

settlement with respect to my interest represented by the EEOC in the Lawsuit.

IN CONSIDERATION OF RECEIPT OF THE PAYMENT REFERRED TO ABOVE,

I FURTHER AGREE TO KEEP ALL TERMS OF THE SETTLEMENT BETWEEN THE

EEOC AND SEARS, INCLUDING THE PAYMENT I HAVE RECEIVED, STRICTLY

CONFIDENTIAL AND NOT TO DISCLOSE ANY SUCH INFORMATION TO ANYONE

OTHER THAN TO MY PERSONAL FINANCIALffAX ADVISOR OR IMMEDIATE

FAMILY MEMBERS, EACH OF WHOM MUST BE FIRST INFORMED OF AND AGREE

TO BE BOUND BY THIS CONFIDENTIALITY PROVISION AS WELL. I understand that

any violation ofthe confidentiality obligations hereunder shall require me to return promptly to Sears

the entire amount paid to me hereunder and may subject me to other action by Sears for breach of

contract.

Executed this _ _ _ day of_ _ _ _ _ _ _, 2000.

Mary Morales

Approval ofSettlement- Mary Morales
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