IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

)

COMPLAINT

SAFEWAY, INC.,

)

)

JURY TRIAL DEMANDED

Defendant.

)

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex and to provide appropriate relief due to employees as a result of such unlawful practices. The Equal Employment Opportunity Commission alleges that Safeway, Inc. paid its female workers employed in the position of Plant Accounting Clerk II at wage rates that are less than the rates it paid to its male employee performing substantially equal work, and otherwise discriminated against those female employees because of their sex.
JURISDICTION AND VENUE 1. The 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 Section 16(c) and 17 of the Fair Labor Standards Act of 1938 (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 U.S.C. § 206(d),

and pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (“Title VII”). 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 and are being committed within the jurisdiction of the United States District Court for the District of Missouri.
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 enforcement of the Equal Pay Act and Title VII, 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Safeway, Inc. (“Safeway”) has continuously been a Delaware corporation doing business in the State of Missouri and the City of Joplin, and has continuously had at least 15 employees. 5. At all relevant times, Safeway has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Safeway 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).
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7. At all relevant times, Safeway 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), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Kerrie Lorenz filed a charge with the Commission alleging violations of Title VII and the Equal Pay Act by Safeway. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least December 1998, Safeway has engaged in unlawful employment practices at its Joplin, Missouri plant, in violation of Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1). The Commission alleges that Safeway paid female workers employed as Plant Accounting Clerk II less than it paid a male employee who was employed as a Plant Accounting Clerk II because of the female employees’ sex. 10. The effect of the practice complained of in paragraph 9 above has been to deprive Kerrie Lorenz and other females employed as Plant Accounting Clerk II of equal employment opportunities and otherwise adversely affect their status as employees because of their sex. 11. The unlawful employment practices complained of in paragraph 9 above were intentional.
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12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Kerrie Lorenz and other females employed as Plant Accounting Clerk II.
13. Since at least December 1998, Safeway violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to its female Plant Accounting Clerks II in its Joplin, Missouri plant at rates less than the rates paid to male employees in the same plant for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
14. As a result of the acts complained of in paragraph 13 above, Safeway unlawfully withheld the payment of wages due to Kerri Lorenz and other females employed as Plant Accounting Clerk II.
15. The unlawful practices complained of in paragraph 13 above were willful. PRAYER FOR RELIEF
WHEREFORE, the Commission requests that this Court: A. Grant a permanent injunction enjoining Safeway, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sex discrimination in wages and in any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining Safeway, 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
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performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
D. Order Safeway to institute and carry out policies, practices and programs which provide equal employment opportunities for women and which eradicate the effects of its unlawful employment practices.
E. Order Safeway to make whole Kerrie Lorenz and other females employed as Plant Accounting Clerk II, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
F. Order Safeway to make whole Kerri Lorenz and other females employed as Plant Accounting Clerk II by providing compensation for pecuniary losses resulting from the unlawful practices described in paragraph 9 above, in amounts to be determined at trial.
G. Order Safeway to make whole Kerri Lorenz and other females employed as Plant Accounting Clerk II by providing compensation for nonpecuniary losses resulting from the unlawful practices described in paragraph 9 above, in amounts to be determined at trial.
H. Order Safeway to pay punitive damages for its malicious and/or reckless conduct described in paragraph 9 above, in an amount to be determined at trial.
I. Grant a judgment requiring Safeway 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 employees whose wages were unlawfully withheld as a result of the acts complained of in paragraph 13
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above, including but not limited to Kerrie Lorenz and other females employed as Plant Accounting Clerk
II.
J. Grant such further relief as this Court deems necessary and proper in the public interest.
K. Award the Commission its costs of 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
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Donna L. Harper DONNA L. HARPER Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce Street, Room 8.100 St. Louis, Missouri 63103 (314) 539-7914 Fax (314) 539-7895 e-mail: bob.johnson@eeoc.gov
donna.harper@eeoc.gov
6

/s/ Andrea G. Baran

ANDREA G. BARAN

MO #46520

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Kansas City Area Office

Gateway Tower II

400 State Avenue, Suite 905

Kansas City, Kansas 66101

(913) 551-6613

Fax (913) 551-6957

e-mail: andrea.baran@eeoc.gov

7

 
 IN THE UNITED STATES DISTRICT COURT FOR T ~. ~.l: (.1 '

WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SAFEWAY, INC.,

)

)

Defendant.

)

CASE NO. 00-5083-CV-SW-SOW

CONSENT DECREE Plaintiff Equal Employment Opportunity Commission has instituted this action alleging that Defendant Safeway, Inc., discriminated against a female employee by paying her lower wages than it paid to a male employee performing equal work in a job that requires equal skill, effort and responsibility and that is performed under similar working conditions in violation of the Equal Pay Act, 29 U.S.C. § 206(d). Plaintiff further alleges that Safeway discriminated against this female employee in pay because of her sex in violation of Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e, et seq. For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay and burden of further litigation. THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of the Equal Pay Act and Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does

ORIGINAL

resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of the Equal Pay Act or Title VII or any executive order, law, rule or regulation dealing with or in connection with discrimination in employment.
2. All provisions and terms of this Decree shall apply only to Defendant's Biscuit Plant located in Joplin, Missouri.
3. Defendant shall not discriminate or retaliate against any person because he or she has opposed any practices alleged in this action as unlawful under the Equal Pay Act or Title VII, has participated in an investigation conducted under the Equal Pay Act or Title VII with respect to this complaint, or because he or she has participated in this lawsuit or has benefitted in any way as a result of this Consent Decree.
II. Relief for Charging Party 4. Within fifteen (15) days after this Decree is approved by the Court, Defendant shall forward to Kerrie Lorenz a check made payable to her in the gross amount of Twenty Thousand Dollars ($20,000.00), including:
a. Three Thousand Seven Hundred Thirty Two Dollars and Forty Eight Cents ($3,732.48) for backpay, less only any applicable deductions for the

employee's portion of FICA and applicable federal and state income tax withholdings; and b. Sixteen Thousand Two Hundred Sixty Seven Dollars and Fifty Two Cents ($16,267.52) for compensatory damages. 5. Defendant shall forward to Kerrie Lorenz, with the check described above, an itemized statement of withholdings for each amount withheld, including for the employee share of FICA and the applicable federal and state income withholdings from each amount allocated separately as backpay and compensatory damages.
III. Injunctive Relief 6. Defendant shall not pay lower wages to employees of one sex than it pays to employees of the opposite sex for equal work onjobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions and Defendant shall not discriminate against its employees or applicants for employment on the basis of their sex in the payment of wages or other terms and conditions of employment. 7. Within fifteen (15) days after this Decree is approved by the Court, Defendant shall provide Kerrie Lorenz with a signed letter of recommendation, as attached at Exhibit B. Defendant will limit any comments regarding Ms. Lorenz's employment to the information stated in Exhibit B.
IV. Posting and Policies 8. Defendant shall post and cause to remain posted the posters required to be displayed in the workplace by Commission Regulations, 29 C.F.R. § 1601.30.
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9. Defendant shall post and cause to remain posted copies of the notice attached hereto as Exhibit A in locations publicly visible to all employees for a period of eighteen (18) months starting from the date of entry of this Decree.
V. Reporting 10. Within thirty (30) days after this Decree is approved by the Court, Defendant shall forward to the Commission's Regional Attorney in its St. Louis District Office a copy of the check and statement of withholdings forwarded to Charging Party as described in paragraphs 4 and 5 above. 11. Within forty-five (45) days after this Decree is approved by the Court, Defendant shall forward to the Commission's Regional Attorney in its St. Louis District Office a letter signed by the plant manager at the Joplin Biscuit Plant stating that Defendant has complied with the requirements of paragraphs 6 and 7 above, describing the manner and dates on which such compliance was effected. 12. Within forty-five (45) days after this Decree is approved by the Court, Defendant shall prepare and submit to the Commission's Regional Attorney in its St. Louis District Office a letter stating that the notices have been posted as required by paragraphs 8 and 9.
VI. Term and Effect of Decree 13. By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than the charge that created the procedural foundation for the complaint in this case. 14. This Decree shall be binding upon the parties hereto, their successors and assigns.
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15. This Decree shall be for a period of eighteen (18) months and shall automatically expire by its own terms, without the need for any action by any party or the Court, eighteen months after the date of entry of the Decree. This Decree can only be extended upon Court order for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance.
16. Each party shall bear its own costs and attorneys' fees.
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BY CONSENT: FOR DEFENDANT:

FOR PLAINTIFF:

CjJJ~ DANIEL B. B ATRIG Spencer Fane Britt & Browne LLP 9401 Indian Creek Parkway, Suite 700 Overland Park, KS 66210 (913) 345-8100 (phone) (913) 345-0736 (fax)
SO ORDERED:

Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7910 (phone) (314) 539-7895 (fax) bob.johnson@eeoc.gov (e-mail) donna.harper@eeoc.gov (e-mail)

~A.Eu#--= ~ AG.'BARAN

MO#46520

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Kansas City Area Office

400 State Ave., Ste. 905

Kansas City, KS 66101

(913) 551-6647 (phone)

(913) 551-6957 (fax)

andrea.baran@eeoc.gov (e-mail)

------~Jlliu~N~01~zO~O~1--------Date
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EXHIBIT A

NOTICE TO EMPLOYEES

This Notice is posted as part of a remedy agreed to pursuant to a Consent Decree entered in the case of Equal Employment Opportunity Commission (EEOC) v. Safeway, Inc., Case No. 00-5083-CV-SW-SOW, on file in the United States District Court for the Western District of Missouri, Southwestern Division in Springfield, Missouri. The resolution of this case provides that Safeway's Joplin Biscuit Plant will (1) pay backpay and damages to a former female employee; and (2) agree to not discriminate on the basis of sex in hiring, firing, work assignment, pay, promotion or other terms or conditions of employment.

By resolving this case, Safeway does not admit any violation of federal law.

Federal law prohibits discrimination against any employee because of race, national origin, color, religion, sex, disability or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against persons who complain of or oppose practices they believe are discriminatory on the basis of race, national origin, color, religion, sex, disability or age (forty and over), and it prohibits retaliation against persons who file charges with the EEOC, or who participate in or cooperate with an EEOC investigation.

Safeway supports and will comply with such federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Specifically, Safeway will not tolerate discrimination in employment, nor will it tolerate retaliation against any employee for exercising rights under law.

Employees should feel free to report instances of discriminatory treatment to their supervisor, a manager, or the corporate Human Resources department at any time. Safeway has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation, including retaliation by the person allegedly guilty of the discrimination. Employees are also free to make complaints about employment discrimination to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, Kansas City Area Office, 400 State Avenue, Suite 905, Kansas City, KS 66101 (Attention: Andrea G. Baran, Senior Trial Attorney) or by telephone to (913) 551-6647.

Date

Plant Manager

EXHIBITB LETTER OF RECOMMENDATION (On Defendant's Letterhead)
Safeway, Inc. employed Kerrie Lorenz as a Plant Accounting Clerk II beginning July 20, 1998. Ms. Lorenz voluntarily resigned effective March 31, 2000. During her employment with Safeway, Ms. Lorenz satisfactorily performed her duties as a Plant Accounting Clerk.

 
 CM/ECF Western District of Missouri - Docket Report

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?452732052231951-L_...

TERMED
U.S. District Court United States District Court for the Western District of Missouri (Joplin)
CIVIL DOCKET FOR CASE #: 3:00-cv-05083-SOW

Equal Employment Opportunity Commission v. Safeway, Inc. Assigned to: District Judge Scott O. Wright Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 09/26/2000 Date Terminated: 06/07/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov ATTORNEY TO BE NOTICED

Donna Harper SEDEY HARPER PC 3030 Grand Ave. Suite 200 St. Louis, MO 63118 (314) 773-3566 Fax: (314) 773-3615 Email: dharper@sedeyharper.com ATTORNEY TO BE NOTICED

Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?452732052231951-L_...

Safeway, Inc.

represented by Daniel B. Boatright Spencer Fane Britt & Browne LLP-KCMO 1000 Walnut Street Suite 1400 Kansas City, MO 64106-2140 (816) 474-8100 Email: dboatright@spencerfane.com ATTORNEY TO BE NOTICED

Date Filed 09/26/2000
10/24/2000 11/08/2000 12/15/2000 12/18/2000
12/21/2000 12/21/2000 12/21/2000

#

Docket Text

1 COMPLAINT against Safeway, Inc.. filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission. Receipt #-0-.(Baran, Andrea) Additional attachment(s) added on 9/27/2000 CIVIL COVER SHEET(Kuhl, Carol). Modified on 9/27/2000 to show receipt number. (Kuhl, Carol). (Entered: 09/26/2000)
2 WAIVER OF SERVICE OF SUMMONS by Safeway, Inc. (related document(s)1) Answer due by 12/19/2000, filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission.(Navarro, Steve) (Entered: 10/25/2000)
3 ANSWER to complaint (Related Doc # 1) filed by Daniel B. Boatright of Spencer, Fane, Britt & Browne LLP on behalf of Safeway, Inc..(Boatright, Daniel) (Entered: 11/08/2000)
4 MINUTE ENTRY of scheduling telec. (Morrison, Carolyn) (Entered: 12/15/2000)
5 SCHEDULING ORDER by Judge Scott O. Wright setting deadlines: discovery due by 9/1/2001, pre-trial conference set for 1/7/2002 at 08:30 AM at Courtroom 1, Springfield, with jury trial to be held on 1/7/2002 at 09:00 AM at Courtroom 1, Springfield, dispositive motions due by 10/1/2001, proposed jury instructions from plaintiff due by 12/24/2001, proposed jury instructions from defendant due by 12/31/2001, proposed voir dire due by 12/24/2001, proposed witness list due by 12/24/2001, proposed exhibit list due by 12/24/2001, objections to designations due by 12/31/2001.(Morse, Judy) (Entered: 12/18/2000)
6 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Daniel B. Boatright of Spencer, Fane, Britt & Browne LLP on behalf of Safeway, Inc..(Boatright, Daniel) (Entered: 12/21/2000)
7 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 12/21/2000)
8 CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 12/21/2000)

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https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?452732052231951-L_...

12/21/2000
01/25/2001 01/25/2001 02/01/2001
06/07/2001

9 CERTIFICATE OF SERVICE of Plaintiff's First Request for Production of Documents filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 12/21/2000)
10 DEPOSITION NOTICE filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 01/25/2001)
11 DEPOSITION NOTICE filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 01/25/2001)
12 CERTIFICATE OF SERVICE of Defendant's Responses to Plaintiff's First Interrogatories and First Request for Production of Documents filed by Daniel B. Boatright of Spencer, Fane, Britt & Browne LLP on behalf of Safeway, Inc..(Boatright, Daniel) (Entered: 02/01/2001)
13 Consent Decree (Navarro, Steve) (Entered: 06/12/2001)

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