,

IN THE UNITED STATES DISTRICT COURT

FlLfD-rc:O4

to FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

OC:fUIV

~- d]S

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. Von Maur Inc.,
Defendant.

)

)

)

)

)

)

JUDGE AMY ST. EVE

)

)

)

COMPLAINMAGISTRATE JUDGE ASHMAN

)

JURY TRIAL DEMAND

)

)

NATURE OF THE ACTION
This is an action under the Equal Pay Act of 1963 and Title vn of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of I 99lto restrain the unlawful payment of wages to

female employees at rates less than the rates paid to male employees, and to provide appropriate

relief due to employees as a result of such unlawful practices. The Equal Employment

Opportunity ("EEOC") alleges that from at least 1999 through 2002 Von Maur Inc. (Defendant)
violated Title vn and the Equal Pay Act ("EPA") at its stores in lllinois and several other states

by providing to male but not female employees of its Mens' Clothing Departments a 50%

discount on tailored men's clothing bought from particular vendors. Defendant also violated the

EPA by abolishing the discount program for men in 2003 thus reducing the compensation of

both women and men.

DOCKETED

JURISDICTION AND VENUE

SEP 0 5 2003

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

1343 and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the

1

Fair Labor Standards Act ofl938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29
vn U.S.C. § 206(d), and pursuant to Sections 706(f)(1) and (3) and 707 ofTitie of the Civil
Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(I) and (3) and 2000e-6. This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed in all of Defendant's stores, including at Defendant's store in St. Charles, Illinois, which is within the jurisdiction of the United States District Court for the Northem District ofIllinois.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and
vn, enforcement of the Equal Pay Act and Title and is expressly authorized to bring this action
by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705; and by Sections 706(f)(1) and (3) and 707 ofTitie VIl, 42 U.S.C. §§ 2000e-5(f)(I) and (3) and 2000e-6.
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Illinois and City of St. Charles and has continuously had at least 15 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an
industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title vn, 42
U.S.C. §§ 2000e(b), (g) and (h).
2

6. At all relevant times, Defendant has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) and has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s).
STATEMENT OF TITLE VII CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Lauris Galley filed a
vn charge with the Commission alleging violations of Title by Defendant. All conditions
precedent to the institution of this lawsuit have been fulfilled. 9. From at least 1999 through 2002 Defendant engaged in a pattern or practice of
unlawful employment practices at all of Defendant's stores, including its store in St. Charles,
vn, Illinois, in violation of Section 703(a) ofTitle 42 U.S.C. § 2000e-2(a), by providing to male
but not female employees of its Mens' Clothing Departments (including sales associates, managers of Mens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments) a 50% discount on tailored men's clothing bought from particular vendors.
to. The effect of the practice(s) complained ofin paragraph 9 above has been to
deprive female employees of Defendant's Mens' Clothing Departments (including sales associates, managers ofMens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments) of equal employment opportunities and otherwise adversely affect
3

their status as employees, because of their sex. II. The unlawful employment practices complained of in paragraph 9 above were
done with malice or with reckless indifference to the federally protected rights of female employees ofDefendant's Mens' Clothing Departments (including sales associates, managers of Mens' Clothing Departments and Area Managers having jurisdiction over Mens' Clothing Departments).
STATEMENT OF EOUAL PAY ACT CLAIMS 12. From at least 1999 through 2002 Defendant violated Sections 6(d)(I) and IS(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 21S(a)(2), by paying wages to its female employees of its Mens' Clothing Departments (including sales associates, managers of Mens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments) in all of its stores at rates less than the rates paid to male employees in the same establishment for substantially equal work onjobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 13. As a result of the acts complained of above, Defendant unlawfully withheld and is continuing to withhold the payment of wages due to its female employees of its Mens' Clothing Departments (including sales associates, managers of Mens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments).
14. Defendant also violated the § 6(d) of the EPA, 29 U.S.C. § 206(d), by abolishing
the discount program for men in 2003 thus reducing the wage rate of both women and men. 15. The unlawful practices complained ofin paragraph 12 above were willful.
4

PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a pennanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discrimination in regard to compensation and fringe benefits, and in any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance ofwhich requires equal skill, effort, and responsibility, and which are performed under similar working conditions. C. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant to make whole female employees and former employees in all of its Mens' Clothing Departments (including sales associates, managers ofMens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments) by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. E. Order Defendant to make whole female employees and former employees in all of its Mens' Clothing Departments (including sales associates, managers ofMens' Clothing Departments and area managers having jurisdiction over Mens' Clothing Departments) by
5

providing compensation for past and future pecuniary losses resulting from the unlawful

practices described in paragraph 9 in amounts to be determined at trial.

F. Order Defendant to pay female employees and former employees in all of its

Mens' Clothing Departments (including sales associates, managers ofMens' Clothing

Departments and area managers having jurisdiction over Mens' Clothing Departments) punitive

damages for its malicious and/or reckless conduct described in paragraphs 9 and 11 above, in an

amount to be determined at trial.

G. Grant a judgment requiring Defendant to pay appropriate back wages in amounts

to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu

thereof, to female employees and former employees of all of its Mens' Clothing Departments

(including sales associates, managers ofMens' Clothing Departments and area managers having

jurisdiction over Mens' Clothing Departments) whose wages are being unlawfully withheld as a

result of the acts complained of above.

H. Order Defendant to make whole all female employees and former employees at

all of its stores whose wages are being unlawfully withheld as a result of the acts complained of

above, by restraining the continued withholding of amounts owing as back wages with

prejudgment interest, in amounts to be determined at trial.

I.

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

interest.

J.

Award the Commission its costs ofthis action.

6

· .

/~

JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel
Gwendolyn Young Reams Associate General Counsel

Gordon Waldron Senior Trial Attorney Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7525
D:\Myfiles\MyfilesWonMaur\Complaint.wpd
7

Civil Cover Sheet

Page 1 of2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. Tlris form is authorized for use only in the Northern District ofIlIinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):VON MAUR, INC.

County of Residence:

County of Residence: Kane

Plaintiffs Atty:

Gordon G. Waldron

Defendant's Atty:

Equal Employment Opportunity Commission 500 W. Madison Street, Suite

03C

2800 Chicago, Illinois 60661

(312) 353-7525

619,4

II. Basis of Jurisdiction:
III. Citizenship of Principal Parties (Diversity Cases Only)

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V. Nature of Suit:

442 Employment

VI.Cause of Action:

Equal Pay Act of 1963 and Title VII oftbe Civil Rigbts Act of 1964,

as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I of

the Civil Rigbts Act of 1991, 42 U.S.C. § 1981a, to correct unlawful

employment practices on tbe basis of sex. Tbis action cbaUenges pay

and compensation ~iscrimination against women.

VII. Requested in Complaint

Class Action: No Dollar Demand:

DOr.~~TfD

Jury Demand: Yes

SEP 05 2003

VIII. This case IS NOT a refiling of a previously dismissed case.

Signature: ---7'':=-<l~,--=--=,-=-.....''CvJ~d~6"-,--,--,."...,..-..,.,,~_______
http://www.i1nd.uscourts.govIPUBLIClFormsiautojs44.cfm

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9/3/03

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

In the Matter of

Equal Employment Oppportunity Commission,

v.

Plaintiff,

Von Maur, Inc.,

Defendant.

OSC 6194 EASTERN DIVISION
Case Number:

JUDGE AMY ST. EVE
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

U.S. Equal Employment Opportuity Commission, Plaintiff

MA(;ISTRPJi JYQGi ASI=IMAN

SIGNATURE

NAME Gordon G. Waldron

FIRM Equal Employment Opportunity Commission VEqual Employment Opportunity Commission

STREET ADDRESS 500 W. Madison St., Suite 2800

STREET ADDRESS 500 W. Madison St., Suite 2800

CITY/STATEJZIP

I Chicago, Illinois 60661

TELEPHONE NUMBER

FAX NUMBBR

(312) 353·7525

(312) 353·8555

..MAlL ADDRESS Gordon.Waldron@eeoc.gov

I CITY/STATEIZIP Chicago, Illinois 60661

TELEPHONE NUMBER

FAX NlNBER

(312) 886·9124

(312) 353-8555

..MAIL ADDRESS Gregory.Gochanour@eeoc.gov

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 02920646

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06210804

MEMBER Of TRIAL BAR?

YES

o NO

MEMBER OF TRIAL BAR?

YES

0 ~

NO

TRIAL ATI'ORNEY1

NO

o

. TRlAL ATIORNEY7

0 YES.c::: ~

NO

.

r/ld III J /1111 I
I/NAME Jol n C. HeI{drickson
FIRM Eq a1 Employment Opportunity Commission

.

DESIGNATED AS LOCAL COUNSEL?

- . Y~.;,

SIGNATURE
NAME

/1"" U", • "II..

(D) . o r
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FIRM

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~REETADD~ 500 W. Madison St., Suite 2800

STREET ADDRESS

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I Chicago, Illinois 60661

TELEPHONE N1..MBER

FAX NlMBER

(3\2) 353-8551

(312) 353-8555

E-MAIL ADDRESS John.Hendri•c. kson@eeoc.gov

WENTIFICATIONNUMBER (SEE ITEM" ON REVERSE)
ARDC No, 01187589

MEMBEROFTRIALBAR?

0 YES

~

NO

CITYISTATEiZIP TELEPHONE NUdBER B-MAD.. ADDRESS

"

IFAX N1.NB£ll

IDENTIFICATION NUMBER (SEE ITEM " ON REVERSE)

MEMBER OF TlUAL BAIl?

YES ONOO

TRIAL AlTORNEY1

YES

~

NO

0

TRIAL ATIOftNEY7

YES

0

NOD

DESIGNATED AS LOCAL COUNSEL?

0 YES

NO

0

DESIONATED AS LOCAL COUNSEL7

YES ONOO
13

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

Von Maur Inc.,

)

)

Defendant.

)

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

Civil Action No. 03 C 6194 Judge St. Eve

CONSENT DECREE

In this suit, the EEOC alleged that Defendant discriminated against certain female

employees in regard to the provision of a discount on tailored items in the Mens Clothing

Departments in violation of Title VII of the Civil Rights Act of 1964 ("Tille Vl1"), and

the Equal Pay Act ("EPA")_ Defendant has denied the allegations_ In the interest of resolving

this matter, the parties have agreed that this action should be finally resolved by entJy of

this Consent Decree (hereafter "Decree'} This Decree fully and finally resolves any and

all issues and claims arising out of the Complaint filed by the EEOC

EIN12INGS

Having carefully examined the terms and provisions of this Decree, and

based on the pleadings, record, and stipulations of the parties, the Court finds the

following:

k This Court has jurisdiction of the subject matter of this action and of the

parties_

B. The terms of this Decree are adequate, fair, reasonable, equitable, and just

The rights of EEOC, Defendants, the claimants and the public intcrest arc ad\?quately

protected by this Decree_

( (

C. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the Equal Pay Act and Title VII and will be in the best interests of the parties, the claimants, and the public.
D. This Consent Decree shall not be construed as an admission by either party of the claims or defenses of the other party.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
INJUNCTION AGAINST DISCRIMINATION I. Defendant and its officers, agents, management (including supervisOly employees), successors and assigns, and all those in active concert or participation with them, are hereby enjoined from sex discrimination in regard to employee compensation.
NON-R,ETAU6TION 2. Defendant and its officers, agents, employees, successors, assigns and all persons acting in concert with them shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under the Equal Pay Act or Title VII, filed a Charge of Discrimination under the Equal Pay Act or Title VII, testified or participated in any manner in any investigation, procceding, or hcaring undcr the Equal Pay Act or Title VII, or asserted any rights under this Decree.
MONEJARY RElJEE 3. Defendant agrees to pay a total of $18,000. (The "aggregatc settlement amount.") That amount shall be allocated to women eligible for relief. "Women eligible for relief' is defined as female Von Maur Inc. employees who worked as Sales Associates in Men's Clothing Departments, Managers of Mens' Clothing Department Managers and/or Sales Managers over Men's Clothing Departments during a period when
2

the 50% discount on mcn's tailorcd clothing was madc available to male employees in about September 2001, March, 2002, October, 2002.
4. The aggregate settlement amount will be allocated into three funds as follows:
a) $6,840 for female Von Maur Inc. employees who worked as Sales Associatcs in Men's Clothing Departments, Managcrs of Mens' Clothing Department Managers and/or Sales Managers over Men's Clothing Departments during the period when the 50% discount on men's tailored clothing was made available to male employees in about September 200l.
b) $7,020 for female Von Maur Inc. employees who worked in any of the above positions during the period when the 50% discount on men's tailored clothing was made available to male employees in about March 2002.
c) $4,140 for female Von Maur Inc. employees who worked in any of the above positions during the period when the 50% discount on men's tailored clothing was made available to male employees in about October 2002.
5. Von Maur Inc. has identified trom its records the women listed on Exhibit C as employees who worked in each of the above periods. It represents that such list is complete and accurate. It states that the number of women eligible for relief who worked during the following discount periods is as follows:

Discount Period

Number of Eligible Women

September 2001

25

March 2002

21

October 2002

21

6. The amounts lIsted 111 subparagraphs a), b) and c) of paragraph 4 above shall be divided equally between the eligible women working during each period. As a result, the women who worked during the following periods shall receive the f(lllowing amounts:

3

Discount Period

Amount Per Eligible Women

September 200 I

$273.60

March 2002

$334.29

October 2002

$197.14

..
7. Some elIgIble women worked dunng more than one discount penod. Their

settlement checks shall be the sum of the amounts for each period they worked. The

amount of the check to be sent to each eligible woman is specified on Exhibit D.

8. If during the process for veritying the current addresses of eligible women,

other eligible women are identified, Von Maur shall pay to each such additional eligible

woman the same amount it has agreed to pay each eligible woman who worked in the

same discount periods.

PROCEDURE FOR IDENTIFYING AND LOCATING ELIGIBLE WOMEN

9. Von Maur shall bear the responsibility and expense ofidentitying, locating and

sending letters and checks to women eligible for relief. Within 10 business days of the

entry of the Decree Von Maur shall send a pr:eliininary letter to women eligible for relief

to confinn their current addresses. However, if Von Maur chooses to combine this

preliminary letter with its settlement check letter, it shall have 20 days after"the entry of

the Decree to mail the combined letter. If a letter is retunIed to Von Maur, it shall bear the

expense of locating the woman.

10. The EEOC may also issue a press release after entry of this decree seeking to

identity and locate women who worked in the above positions during the each discount

period.

11. One month after its mailing of the preliminary letter, Von Maur shall advise

the EEOC of the names, social security numbers and last known address of women whose

preliminary letter has been retunIed undelivered and shall advise the EEOC how it plans

to locate such women. Von Maur shall thereafter attempt to locate such women at it own

expense. The EEOC may assist that process and shall advise Von Maur of the current

4

address of women eligible for relief whom it has located. PROCEDURE FOR DISTRIBUTING SETTLEMENT CHECKS 12. Within one month after mailing the preliminary letter, Von Maur Inc. shall mail
by to each eligible woman a check in the specifi~d amount, together with a cover letter and release in the form attached as Exhibit A hereto. The release shall specity the settlement amount as calculated above, and listed in Exhibit D. Within 5 business days thereafter, Von Maur Inc. shall send to the EEOC a copy of the cover letter, release and check it has sent to each eligible woman. At its option Von Maur may combine the mailing of the preliminary letter and the settlement check letter.
UNCASHED CHECKS 13. If a settlement check is returned undelivered, or is not cashed within two months of the mailing the letter enclosing the check, Von Maur shall advise the EEOC of the names of those women and the total dollar amount of the checks uncashed. If the uncashed checks are less than $2000, the amount shall be distrii:Juted to Women Employed Institute. If the uncashed checks amount to $2,000 or more, that amount shall be distributed to class members in proportion to each eligible woman's share of aggregate settlement amount.
POSTING OF NOTICE 14. Within ten (10) business days after entry of this Decree, Defendant shall post copies of the Notice attached as Exhibit B, on the bulletin boards usually used for communicating with employees at each of its stores. Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Defendant shall certity to the EEOC in writing within ten (10) business days after entry of the Decree that the Notices have been properly posted. Defendant shall permit a representative of the EEOC to enter its premises to verity compliance with this Paragraph at any time during normal business hours without prior notice.
5

RECORD KEEPING 15. For the duration of this Decree, Defendant shall maintain and make available for inspection and copying by the EEOC records (including names, social security numbers, addresses, telephone numbers, and sex) of each employee who complains of sex discrimination in regard to employee discounts. Such reports shall indicate the date the complaint was made, who made it, what was alleged, and what actions Defendant took to resolve the matter. 16. Defendant shall make all documents or records referred to in Paragraph 16 above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Defendant shall make available on ten (10) business day notice its supervisory personnel whom the EEOC requests to interview for purposes of verifYing compliance with this Paragraph.
REPORTING 17. Defendant shall furnish to the EEOC the following written reports every six months for the term of this Decree. The first report shall be due six (6) months after entry of the Decree. Each such report shall contain the name and address of each employee (including temporary employees) who complained of sex discrimination in regard to employee discounts. Ifno employee made such a complaint an officer of Defendant shall submit a signed statement so stating. Each report shall also contain a statement signed by an officer of Defendant that the Notices required to be posted in Paragraph 15 above, remained posted during the entire six (6) month period preceding the report.
DISPUTE RESOLUTION 18. If any party to this Decree believes that another party has failed to comply with any provision(s) of the Decree, the complaining party shall notifY the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to 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 has complied within ten (10) business days, the complaining party may apply to the Court for
6

appropriate relief. DURATION OF THE DECREE AND RETENTION OF JURISDICTION 19. All provisions of this Decree shall be in effect (and the Court will retain
jurisdiction to enforce this Decree) for a period of 18 months immediately following entry of the Decree, provided, however, that if, at the end of that period, any disputes under Paragraph 18, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until all such disputes have been resolved. At the end of 18 months this Decree shall terminate provided there are no unresolved disputes at that time.
MISCELLANEOUS PROVISIONS 20. Each party to this Decree ,and each individual claimant for whom the EEOC seeks relief shall bear its (her) own expenses, costs, and attorneys' fees. 21. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers of Defendant, 22. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to Gordon Waldron, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Defendant, they shall be mailed to Richard Davidson, Lane and Waterman 220 N Main Street, Suite 600, Davenport, Iowa 52801-1987
7

ENTER
Eric S. Dreiband, General Counsel James L. Lee, Deputy General Counsel Gwendolyn Young Reams Associate General Counsel
Equal Employment Opportunity Commission
1801 L Street, N.W. Washington, D.C. 20507

For Von Maur, Inc.

60661

t. Eve

8

EXHIBIT A

RELEASE AGREEMENT

I,

, for and in consideration ofthe sum of $

payable to

me pursuant to the terms of the Consent Decree entered by the Court in EEOC et al. v.

Von Maur Inc., No. 03 C 6194 (N.D. Ill.), on behalf of myself, my heirs, assigns,

executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Von

Maur Inc. and all of its past and present shareholders, officers, agents, employees, and

representatives, as well as all successors and assignees, from any and all claims and causes

of action of any kind which I now have or ever have had under Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., or the Equal Pay Act as a

result of or arising from the subject matter and claims which were or which could have

been asserted in EEOC et al. v. Von Maur Inc., No. 03 C 6194 (N.D. Il1.).

Date

9

.'.

','

EXHIBITB
NOTICE TO ALL VON MAUR INC. EMPLOYEES This Notice is being posted pursuant to a Consent Decree entered by the federal court resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Von Maur Inc., ("Defendant"). In its suit, the EEOC alleged that Defendant discriminated against certain female employees in regard to the provision of a discount on tailored items in the Mens Clothing Departments in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), and the Equal Pay Act ("EPA").
To resolve the case, Defendant and the EEOC have entered into a Consent Decree (without any admission of liability by Defendant, and without any waiver of claims by the EEOC) which provides for monetary relief and also provides that:
1) Defendant will not discriminate on the basis of sex in providing employee discounts;
2) Defendant will not retaliate against any person because (s)he opposed any practice made unlawful by Title VII or EPA, filed a Title VII or EPA charge of discrimination, participated in any Title VII or EPA proceeding, or asserted any rights under the Consent Decree;

The EEOC enforces the federal laws against discrimination in employment on the

basis ofrace, color, religion, national origin, sex, age or disability.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for 18 months from.the date below and must

not be altered, defaced or covered by any other material.

5-3-0'-\

~!h .l

Date

Judge St.

10

",

EXHIBITC
Women who worked in Mens' Clothing Departments (including managers) in The Discount Periods Listed Below

The d"lSCOunt: pen"odS are gIven theofi 11owmg numbers:

Discount Period

Number

September, 2001

1

March, 2002

2

October, 2002

3

Discount Period(s) Store # First Name

1

1

11

Lori

2

2

6

Karissa

3

1

21

Sheree

4

1,2,3

21

Karen

5

3

20

Terrie

6

1

7

1

20

Kim

12

Janet .

8

2,3

18

Brenda

9

1,2,3

6

Mary

10

3

21

Lubna

11

3

3

Sommer

12

2

4

Brooke

13

1

3

Rebecca

14

3

22

Shirley

15

1

19

Susanne

16

2,3

4

Patsy

17

3

12

Lynn

18

1

21

Danielle

Last Name Barber Boehm Boyd Brooks Broom Caprioni Carew Clements Debok Ejaz Elefsmd Evans Frazier Friend Globke Harding Hayward Hazelett

11

19

2,3

20

2

21

3

22

1,2

23

1

24

1,2,3

25

1

26· 2,3

27

1,2

28

3

29

1,2

30

1

31

1

32

1,2,3

33

1,2,3

34

1

35

3

36

1,2

37

1,2

38

1,2,3

39

1,2

40

1,2,3

41

2,3

42

3

11

Nancy

11

Beckie

21

Patricia

20

Gale

6

Beverly

2

Wendy

20

Natalie

20

Kristen

20

Phyllis

21

Margaret

8

Janice

8

Patricia

6

Veronica

2

Jodi

12

Bobbie

3

Anne

9

Sandra

10

Suzanne

11

Lisa

12

Macey

8

Deborah

15

Vibeke

2

Megan

11

Tonya

Hoke Hudson Insco Jupiter Khodai Ladgenski Lederle Medler Morimanno Mutter PoW Powell Rhiner Ritter Rose Sampson Scheil Sorensen Soukup Soupene Stiner Trusty Ward Yarwood

12

- '.

,"

EXHIBITD Settlement Amounts for Women who worked in Mens' Clothing Departments (including managers)
in The Discount Periods Listed Below

The discount neriods are "iven the following numbers:

Discount Period

Number

September, 2001

1

March,2002

2

October, 2002

3

Discount Period(s) 1 1 2 2 3 1 4 1, 2, 3 5 3 6 1 7 1 8 2,3 9 1,2,3 10 3 11 3 12 2 13 1 14 3 15 I 16 2,3 17 3 18 I 19 2,3

$
273.60 334.29 273.60 805.03 197.14 273.60 273.60 531.43 805.03 197.14 197.14 334.29 273.60 197.14 273.60 531.43 197.14 273.60 531.43

First Name
Lori Karissa Sheree Karen Terrie Kim Janet Brenda Mary Lubna Sommer Brooke Rebecca Shirley Susanne Patsy Lynn Danielle Nancy
13

Last Name
Barber Boehm Boyd Brooks Broom Caprioni Carew Clements Debok Ejaz Elefsrud Evans Frazier Friend Globke Harding Hayward Hazelett Hoke

20 2 21 3 22 1,2 23 1 24 1,2,3 25 1 26 2,3 27 1, 2 28 3 29 1,2 30 1 31 1 32 1,2,3 33 1,2,3 34 1 35 3 36 1,2 37 1,2 38 1,2,3 39 1,2 40 1,2,3 41 2,3 42 3
Total

334.29 197.14 607.89 273.60 805.03 273.60 531.43 607.89 197.14 607.89 273.60 273.60 805.03 805.03 273.60 197.14 607.89 607.89 805.03 607.89 805.03 531.43 197.14 18000.03

Beckie Patricia Gale Beverly Wendy Natalie Kristen Phyllis Margaret Janice Patricia Veronica Jodi Bobbie Anne Sandra Suzanne Lisa Macey Deborah Vibeke Megan Tonya

D:\MYFILES\Fo1ders\VonMaur\Settle\CD4-23 .wpd

Hudson Insco Jupiter Khodai Ladgenski Lederle Medler Morimanno Mutter Pohl Powell Rhiner Ritter Rose Sampson Scheil Sorensen Soukup Soupene Stiner Trusty Ward Yarwood

14

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?193309289301773-L_35...
ASHMAN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-06194

EEOC v. Von Maur Inc Assigned to: Hon. Amy J. St. Eve Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/04/2003 Date Terminated: 05/03/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant Von Maur Inc.

represented by John D Telleen Lane & Waterman 500 Rock Island Bank Building 224 18th Street Rock Island, IL 61201-8739 (309) 786-1600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard L. Davidson Peterson & Ross, LLC 200 East Randolph Drive Suite 7300 Chicago, IL 60601 (312) 861-1400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher Mac Neil Murphy McDermott, Will & Emery LLP (Chicago) 227 West Monroe Street #4400 Chicago, IL 60606-5096 (312) 372-2000 Email: cmurphy@mwe.com ATTORNEY TO BE NOTICED

Date Filed 09/04/2003
09/22/2003 12/30/2003 12/30/2003 01/02/2004 01/02/2004

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Gordon G. Waldron as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (vmj) (Entered: 09/05/2003)
2 WAIVER of service of summons as to defendant sent on 9/9/03. (vmj) (Entered: 09/23/2003)
4 ATTORNEY APPEARANCE for defendant by John D Telleen, Christopher Mac Neil Murphy. (vmj) (Entered: 01/16/2004)
5 MOTION by defendant for extension of time to file an answer to plaintiff's complaint ; Notice. (vmj) (Entered: 01/16/2004)
SCHEDULE set on 1/2/04 by Hon. Amy J. St. Eve : Status hearing set for 9:00 1/15/04 . Mailed notice (tmh) (Entered: 01/02/2004)
3 APPLICATION for leave to appear pro hac vice for defendant by Richard L. Davidson; Order entered granting leave by Hon. Amy J. St. Eve. (vmj) (Entered: 01/02/2004)

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01/15/2004
02/03/2004 02/03/2004 02/11/2004 03/09/2004
05/03/2004
05/03/2004

6 MINUTE ORDER of 1/15/04 by Hon. Amy J. St. Eve: Status hearing held and continued to 2/11/04 at 8:45 a.m. Defendant's motion for extension of time to file an answer to plaintiff's complaint is granted [5-1]. Defendant to answer or otherwise plead by or on 2/2/04. Joint status report to be filed by or on 2/3/04. Parties are directed to meet pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. (See reverse of minute order) Notices mailed by judge's staff (vmj) (Entered: 01/16/2004)
7 ANSWER by defendant to complaint [1-1]. (vmj) (Entered: 02/04/2004)
8 JOINT initial status report. (vmj) (Entered: 02/04/2004)
SCHEDULE set on 2/11/04 by Hon. Amy J. St. Eve : Status hearing held and continued to 8:45 3/9/04 . Mailed notice (tmh) (Entered: 02/11/2004)
9 MINUTE ORDER of 3/9/04 by Hon. Amy J. St. Eve: Status hearing held and continued to 5/4/04 at 8:45 a.m. Written discovery to be issued by 3/26/04. Fact discovery to close 9/3/04. Dispositive motions to be filed by or on 10/8/04, with a courtesy copy to chambers, and should be noticed. Mailed notice (vmj) (Entered: 03/10/2004)
10 MINUTE ORDER of 5/3/04 by Hon. Amy J. St. Eve: Case is dismissed pursuant to Consent Decree with leave to reinstate by or on 11/3/05. Status hearing set for 5/4/04 at 8:45 a.m. is stricken. Any other pending dates are stricken. Any pending motions are denied as moot. (Entered Consent Decree) terminating case Mailed notice (vmj) (Entered: 05/04/2004)
11 ENTERED JUDGMENT. (vmj) (Entered: 05/04/2004)

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