IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

Defendant.

)

)

)

)

__________________________________________/

CIVIL ACTION NO.:
COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

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

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

appropriate relief to Laura Fulton-Eddy who was adversely affected by such practices. As stated

with greater particularity in paragraph 7 below, the United States Equal Employment Opportunity

Commission alleges that Laura Fulton-Eddy was subjected to sexual harassment by Defendant’s

Assistant Manager George Lynn. The conduct was sufficiently severe and pervasive to constitute

an intimidating, hostile and offensive work environment.

JURISDICTION AND VENUE

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 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") and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the “EEOC” or the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action 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, Wal-Mart Stores, Inc. (the “Employer”), has continuously been an Arkansas corporation doing business in the State of Florida and the City of Bradenton, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Laura Fulton-Eddy filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least February of 2002, Defendant Employer has engaged in unlawful employment practices at its Bradenton, Florida store #528, in violation of Section 703(a) of Title VII and 42 U.S.C. § 2000e-2(a). a. Laura Fulton-Eddy was subjected to sexual harassment by Defendant’s Assistant
Store Manager George Lynn in the form of unwelcome physical and verbal conduct
2

of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to: touching, pinching and grabbing of her breasts and buttocks; sexually suggestive comments; and requests for sex. b. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Laura Fulton-Eddy during part of her employment. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Laura Fulton-Eddy of equal employment opportunities and otherwise adversely affect her status as an employee on the basis of sex. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Laura FultonEddy.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, or any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of sex, and which eradicate the effects of its past unlawful employment practices.
3

C. Order Defendant Employer to make whole Laura Fulton-Eddy by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above including, but not limited to, medical expenses and out of pocket losses, in amounts to be determined at trial.
D. Order Defendant Employer to make whole Laura Fulton-Eddy by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above including, but not limited to, emotional pain, suffering, humiliation, inconvenience, loss of enjoyment of life, in amounts to be determined at trial.
E. Order Defendant Employer to pay Laura Fulton-Eddy punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. 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, ERIC S. DRIEBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
4

s/Carla J. Von Greiff CARLA J. VON GREIFF Senior Trial Attorney Florida Bar No. 0110566 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 East Polk Street Suite 1000 Tampa, Florida 33602 Tel. (813) 228-2020 Fax (813) 228-2045
5

 
 Case 8:05-cv-00313-JDW-MSS Document 19 Filed 04/03/2006 Page 1 of 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
W AL-MART STORES, INC., Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.1

CASE NO: 8:0S-CV-313-T-27MSS

ORDER The Court has been advised by Defendant's Notice of Settlement (Dkt. 18) that the abovestyled action has been settled. Accordingly, pursuant to Local Rule 3.08(b), M.D. Fla., it is ORDERED AND ADJUDGED that this cause is DISMISSED without prejudice and subject to the right of the parties, within sixty (60) days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action, upon good cause shown. After that sixty (60) day period, however, dismissal shall be with prejudice. All pending motions, if any, are DENIED as moot. The Clerk is directed to close the file. DONE AND ORDERED at Tampa, Florida, on this -",,-_day of April, 2006.

Copies to: Couusel of Record

 
 Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 1 of 13

UNLTED STATES DISTRICT COtJRT

MIDDLE

Of fLORIDA

TAMPA

UNITED

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

Plaintiff.

v.

WAL-MART STORES,

CIVIL ACTION NO.
8:05-CV·313-JDW~MSS

CONSENT DECREE

1. This Consent Decree (the ,cDecree") is made and entered into

Plaintiff.

(bt.':feinafter referred to as the

"Commissi.on" or

and

Wal-Mart Stores, Inc. (hereinafter referred to as

"Wal-Mart" or Defendant"). The Commission and De.l:endant are collectively "f;>h"I'T'~'f1 to herein

...,.,

On February n, 2005, EEOC

Civil Action 8:05-CV~313-JDW-MSS by

filing its Cornplaint the United States

Court for the Middle District ofFlorida. Tampa

Division, based upon a charge tiled by

Fulton-Eddy. EEOC's Complaint alleges that

Defendant violated Title vn of the Civil Rights Act of 1964, as amended. induding but not

limited to, amendments authorized by the Civil Rights Act of 1991. 42 U.S.C. :'>C{;UCITI 2000 et

seq. ('Title VB'') by subjecting Laura.

to sexual harassment by her Wal-Mart

assistant manager which ;vas sufficiently severe and pervasive to constitute a hostile,

intim.idatingwork enviromnent. The ,......·... c"'..."'c narassme:m occurred at Store No.

Florida. Wal-Jvlart has denied the allegations raised in EEOC's Complaint.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 2 of 13
3. In the interest of resolving this matter, to avoid the costs of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves aU claims alleged against the Defendant in EEOC Charge No. 151 ~2004-00331 (Laura Fulton-Eddy) and the Complaint filed in this action, and constitutes a complete resolution of all claims under Title VII that were made by the Commission in this action.
5. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree. and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED fu'\t'O DECREED THAT;
JllR1SDICTION
6. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree,
7. No party shall contest jurisdiction of this federal court to enforce this Decree and its tenns or the right of the EEOC to seek enforcement in the event Detendant breaches any of the terms of this Decree.
GE1'iERAL PROVISIONS
8. Defendant, its officers, and employees, are enjoined from engaging in conduct at Store No. 528 in Bradel1tol1~ Florida which is found to be unlawful sexual harassment in violation of Title VII oftlle Civil Rights Act of 1964, as amended.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 3 of 13
9. Defendant, its officers. and employees, are enjoined from retaliating against any
employee at Store No. 528 in Bradenton, Florida who opposes any of Defendant's practices which the employee believes to be unlawful sexllal harassment; who files a charge of
discrimination with the EEOC alleging viotations(s) of Title VII; who cooperates with the EEOC
in the investigation and/or prosecution of any charge of sexual harassment; or who cooperated in the investigation or prosecution of this case~
DlSCRIJ\UNATION POLICY AND TRAINING
10. Defendant has established a written policy against sexual harassment which is attached as Exhibit A. Defendant agrees that an of its employees and managers in Store No. 528
will be provided a complete copy of lts policy against sexual harassment, either in hard copy or electronically, within thirty (30) days of the entry of this Decree. Defendant also agrees that all
new employees of Store No. 528 shall be either given a hard copy of its policy against sexual harassment or provided access io Defendant's online sexual harassment training within the first thirty (30) days of their employment with the Defendant at Store No. 528.
il. In order to further ensure the effective implementation of Defendant's antidisclimination policy, Defendant wilt conducl a two (2) hour annual interactive training for all of its salalied managerial employees in Store No. 528 with specific emphasis on recognizing sexual
harassment, and on the proper procedure to be followed if they become aware of sexual harassment in the workplace or if they receive complaints of sexual harassment. The training
shall commence with a statement hy a representative from Wal-Mart's Corporate Office, infonning the employees ofWal-Mart's commitment to comply with the federal laws regarding unlawful sexual harassment in the work place, Detendant agrees to provide the EEOC, at least

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 4 of 13
two weeks notice before it conducts its training session(s), with the date{s) and location(s) of the training, the identification of the training materials to be used at the training session, and a general description of the category ofernployees whowiU be inattcndance at the training. The training will be conducted by a corporate representative or agents retained by Wid-Mart's
Corporate Office,
12. Defendant agrees that the training described in paragraph 11 shall be conducted within sixty (60) days of the entry of this Decree. And, should thereafter take place annually in the same format, by June 30, for the duration of this Decree. Defendant further agrees that WalMart's sexual harassment policy and sexual harassment training materials shall be presented to and explained to all new managers and supervisors of Store No. 528 who did not attend the annual training within forty (45) days ofbcing placed in a management or supervisory position at Store No. 528.
13. Defendant agrees that Fulton-Eddy's Assistant Manager from January 2002 until June 2003 will be given a copy of Wal~Mart's anti·harassment policy and reminded of his obligations under such policy within fifteen (15) calendar days of the entry of this Decree. WaJMart shaH place in the Assistal1tr"b.nager's file a document signed by him acknowledging receipt ofthe policy, that he has read and understood it, and his agreement to abide by the policy. The document will also indicate the Assistant Manager's understanding that any violation of the policy could result in his immediate termination. Defendant further agrees that .it will provide the EEOC with a copy of the document once it has been issued to the employee referenced above.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 5 of 13
POSTING 14. Defendant will post a laminated II x 14 copy of the Notice, attached as Exhibit ~, no later than fifteen (IS) calendar days from the entry of this Decree. Said notice shall be posted at Store No. 528 for the duration oftnis Decree in a conspicuous location accessible to all employees such as an employee bulletin board and/or breakflunch room.
MONITORING IS. Defendant will retain all e111ployment andlor investigative records relating in any \vay to any complaint or allegation of sexual harassment relatlng to Store No. 528 for the duration of this Decree (three years from the dale of entry of the Decree). 16, Defendant will certify to the EEOC semi ,mIDually throughout the duration of this Decree that it is compliance with all aspects of this Decree. The first such certification will be due no later than thirty (30) days from the first training provided pursuant to paragraph 12.
Thereafter, each certitication wiH be due no later than December 3 pI and June 30lh tor the
duration of this Decree. With each certi fication Defendant will further provide the EEOC with the name of any person who alleges they have been sexually harassed at Store No. 528 while working for Defendant during the preceding six-month period. and Defendant will state the actions taken in response to each such allegation. EEOC will not publicly disclose the name of the persoll(s) included in the certification, if any, unless EEOC is required to do so as part of its attempts to obtain compliance with this Decree through the Court The certifications required to be submitted to the EEOC pursuant to this Consent Decree shaH be mailed with the notation WAL-MART MONITORING to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, 1 Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard. Miami. F133131.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 6 of 13

MONETARY RELIEF

17, Defendant agrees to pay a total amount of $25,000.00 to resolve Civil Action 8:05-CV-313-JDW-MSS. The payment referenced herein shan issue within fifteen (15) calendar days from the Court's entry of this Decree, The money shall be distributed as set forth below in
Exhibit C attached hereto.

18. If Defendant fails to tender the above-mentioned payment as set forth in paragraph 17 above and attached Exhibit C, then Defendant shaH pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 662(b) until the same is paid, and bear any additional costs Incurred by the EEOC caused by the non-compliance or delay of the Defendant.

ENFORCEM.ENT OF DECREE

19. The Commission shall have independent authority to seek the judicial enforcement of any aspect. tenn or provision of this Decree.
COSTS 20. Each Party shall bear its own costs associated with this litigation.

DURATION OF CONSENT DECREE

21, The duration of this Decree shaH be three (3) years from the date of entry of the

Decree.

n SO ORDERED, ADJUDGED AND DECREED, this

~
day of June, 2006.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 7 of 13

· WHITTEMORE ED STATES DISTRICT JUDGE

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By: slDelner Franklin~Thomas

Date: June 19. 2006

Delner Franklin-Thomas

Regional Attorney

US. EQUAL EMPLO'y'MENT OPPORTllNITY COMMISSION

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 3313 1

Telephone: (305) 530-6001

Facsimile: (305) 536-4494

AGREED TO: FOR THE DEFENDANT: WAL-MART STORES, INC.

By: sJ Scott A. Fonnan
Scott A. Forman. Esquire
LITTLER MENDELSON p.e.
One Biscayne Tower Two South Biscayne Boulevard
Suite 1500 Miami, Florida 33131 Ph: (305) 40(}"7500 Fax: (305) 603-2552

Date: June 19, 2006

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 8 of 13
EXHIBIT A (Wal-Murfs Anti-Harassment Policy)

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 9 of 13
AI'I Materrai Wal-Mart Confidential. ~2005 I'aqe Source: The Wlfl,E

Updated: }UM :;ttl, 2.005

ThiS Pottey United States

to atl Associ'ate'S who work tor VJaH'laFt Stores, 1m:;., or ope or its ~ubsjdiary companies, in the
job appUcnnts, Cus'tr.wners, I>lembers, suppliers, <lnd agents of WeI-Mart.

Polley

We believe in res;;l!ectil1g the

of every inalvklufll, Respectful'l prQfesskma! conduct furthers our missIon,

promotes prQouctjvity, minrrnit,BS

and enhih1cesour reputation. ThUs, we are committed to providing an

envircr1n"lBf!t that is ft~ of

or hafessmBnt beset! on an fnqi!!t.itW#!fs ~tiittus.Every Aswciate sl"Icold

avoid any cum:Juct that couid reasonably be interpreted as discrimlnation or harassment.

Jndividual's status means an !ndividual's race, color, l1HlCElStry, ethniCty. rehgie", sex, pregnancy, nationaiorlgin,

age, cHsabmty, marital

veteran status, H!xuaj orl.entatlon, ,or any other legally protected staws.

Individual's status <llso

an indivlduar$ marrl1~ge to or <i<Ssocl<ltion wlthsomeonewtth any stilltus listed

aoove,

We will not toierate any form of dlsaiminat'on or harassment in any aspect of our business.

mean:;; that we

strictly prohibit any discrimination {X har3SSITH,<nt, as described below, by or directed at any Assoti{!te,

applicant, Customer, Member. supplier, or

of Wal-Mart. Thts ~ze«l tolerance"PoHcy applh&s

o~

whether SIKh QonGUct rI5,;$ to th1,; level of

o\sc!'1m'l'latkm or harassment.

Disc:rimin~t.ion

Piscrim{natoryactlon includes firing, refusing to hire, denying training, failing to promote, and di5climillating in payor other terms, com:litklns, or privileges of errj;}toyment. based on an Ll'u;!f.Y1s1w.f;;,~t&!.tJ.!,l2. It eiso lnJ;;!lwGes encouraging Of assisting anyone to teke discrfmiMitory actions,
Harassment

• USing sii.ln or negative stereotyping;

• Verbal

teasing, Otjekirtg;

• (4,,"l.ng

,;:ommBnts ,,!mut {In il1!/tlk:ifi!.liJ.l":5,!iil!l.<UIi. appBllranct), or sexual acti"'W;

..

or·rnakJng offensiv<ll gBStures;

..

or displaying< offensive pid;Uf(!S, CIH'WOflS,. ,Hl'$t$f1i;,iett<iif•• notes, ",<mails, invitations, or other materials;

• Using Company e-mail or Internet resources toJ"¢t¢i've, view, 0" 5fl!Hj offensive Jokes, pictures, postel", or other

s.mil<!( m<!teJ'i,,15;

• .lhtJmidating acts, such a" bullying or thr",,"ru;""'" Lased on an LfJJ[lYlf!J!~l$Jititli1$,:

• OtfeflSV<ll physkal contact such as patting,

Or ihtentionally UnJsnil'lq against 4!1t.>tMr's booy;

• I'hysh;;a) touching or i!l$${!ult, as well as

or

movements,

• Rep,N!tiW \J!W"i!nt.ed~~)(IJ<ll flirtations, adva!1"::es, Of PI'\)'po$i'tlor1S;

.. Pre,sure for sexual' act'vity" !flcilldlfl~ olfll!fing"mployt1'10r'1t.

in 0xdl1H'I91\l rOf $¢xual fayo(s or denyin!)

In t&sp<!f!Se to a refusal to
shows hOStility toward,

sexval faVOf$; or fcr, or degflldatio(1 of an Individual h~iied 0(1 the (flliiXfltJlill's

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 10 of 13
Harassing Conduct, such as that fisted above, 1$ pl\,llibitiiiO r>,;9ardless of whether it is wek:ome or unwelcome, and
regardless; of whether the Indivi(juals involved are of tl'H~ S<!lln~ 01' arOi! of,;, different sex, sexual orientation, race,
or other status,
Retaliation
We prohibit taking neg<Jtive action againstafiY As!>odate, former AS5:()(;iate, job appHcant, Customer, t-lember, supplier, or 'llgelltof WaH"art for:
• RI!\PQrting conduct that may vlQlate this Policy; • filing lie cl.tmplalnt ofdi«Timif!<ltlof! Qf hilfasm,oot with <l)jovernment a(l€ncy or court; • ASSi$til1(j J1!f'loth¢f Individual In r@portlng cOl'ldLict that may violare tNs Policy; _Assistln.g ~f'\other Indivfdu<J1 111 flli119 a compLaint of dl3<;dmlnation or l'iaFaSS<l1t:nt with a government agency Of C{}urt; • Cooperating In an i!1vj!$t.i!<3rtJon; or • Opposing diw;rimir1ill:hm !;Ir ha,'ilssment.
if you experience, obs<i!f'II¢, or become llwar~ of any conduct \IOU tleJieve may be retaliatory, you should
Immediately follow the Reportlr:g Procedures descdbed lJe:io'N.

We are commlUed to preventing discrimination and harass:nent in ail aspects of our bUSiness. We will take all
reasonable measves to do so. However, If we are not aware I:hatdiscrlminatibn or harassment is tJ!!king pla~, we
cannot address the situation. Therefore., the {oaoNio\} prm::l'!:dums must be fonowed:

If you experience, cos",rve, G,r become "wan': of any conduici. that may violate this PoHcy, you $hou~d imme(i;ately report the v!olatkm in one of two ways:
• You may report the viQ!atklF1 tel <lny Salaried tlember (If Manilgement; or • "<:IV rr14lY relXlrt the ,!o!atio.n cllnfid@!'lUaily and/or dntlnymOl!sly ro thf! Wal-Mart Ethics Helpline, 1-800-WMHHIC (1-
S()()-961-8442).
If you believe a SalarIed r4em~ of Management maybe violating this Policy, you are flot required to report the violation to that person. You may report the pos'Sibfe \/Io!atiofl to another Saiarled Member of r·lanagement or call the Ethics Helpline.
You must cooperate with al1ld tell the ~r'uth to the individual who investigates 'lour report. If you do not cooperate or you faU to tel! thlii! tcJ!;h, w~ wI!! be unable to c00<lUCt a p!'op'!!tl" irvestigati(,m Qr take prompt remedial action. Any Associate who refuses to cooperate in an investigation or fails to teH the truth during ar investigation may be $ubj¢ct to 4isciplirw, UP to and ineluGing rorminath::m.
We INiF take appropriate steps to ensure that there is ;10 retaliation of any kind for using th", Reporting Procedures described In this PolIcy. RetaH<ltion of any kind for using !h;e Reporting Procedures is strictly forbidden and violates this Policy.

should foUow the same Reporting Procedures ouWned

If you observe, receive a

Or' othef\'lise become aware ola possible Violation of thiS Policy, you must

immediately F'lilport such

to the

m'llnagement indudes, but :$ not Jlmited to.,

level 01' fl1iln<lgement for InveStiQation. (Appropriate level of

Fiekl

People Manager, Employment Advisor, Regional

Personnel Manager, or People Director), A Salaried

of Man<l<;;emerlt who fails to repor~ a ."io!atl!:m of this

Policy may be slJIbjoct ;0 discipline, up !o ar:d Indudil1g termination.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 11 of 13
We wlll take any ;eported v!olation of this Policy seriously. We W!I! promptly and thoroughly inyestlgate any report of a possible violatIon of this poncy in accordance with the procedures set forth in the Management Guldellnes for this Policy and THE RED BOOK. We wi!! take ajjbropriate action to elimmate conduct that violates this Poliey and to ensure that there IS no recurrence of slich com:ivct. We may put reasoMble interim meClsures in place durfog an tnvestigatlon of if! reported Policy violation. Interim measures may inclu<i." but are not limited to, a leave of absence" suspension, or transfer of the Associate who reportedly violated this Polley. We will take furthe: appropriate action once the reported violatwn has been thoroughly investigated. If an investigation reveals that an AssoCiate has violated this f\o!!cy (oreny other Policy), we wIH take corrective action regarding that AsSOciate, induding coaching and/or other discipline, up to and including termination. Confidentiality
We will make every reasonab:le effort to maintain the confidentiality ot an partres involved in any investlS:JatJon.
wm We disclose information to only those l'Ii1wlnga need to know in order to facilitate the fnves:tiQ<ltlon or
resolution. Anyoisck15ure of information, ocher than on a neetHo-krlow basis as described aoove, will constitute <I
breach of confh:lentillHty and wtH result io disclpflne, up to and inCluding termination. Contad Per~;(m{$}
Stores:
neld Lcglstic5~ Home Office:
Last Updated: June 28, :lOOS J"m .name=WPS ...4S

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 12 of 13
EXHIBITB
NOTICE TO AI~L El\'lPLOYEES POSTEDPU.RSUANT TO A CONSENT DECREE BETWEEN TUE UNITED STATESEQUALEMPLOYl\IENT OI'PORTUNITY COMMISSION
Al-..'D WAL-MART STORES~ INC.
This Notice is being posted pursuant loa Consent Decree entered by the Court in EEOC v. Wal-Mart Stores, Inc., Civil Action No. 8:0S...cV-313-JDW-MSS. Wal-Mart Stores, Inc. has
agreed that it will not discriminate against employees on the basis of gender in violation of Title
VO of the Civil Rights Act of 1964 ("Title VII''). Title vn protects individuals from
employment discrimination because of their race, religion, color, national Qrigin, or sex. WalMart Stores, Inc. w1lJ not condone employment di.scrim.ination .of any kind as set f.orth in federal anti-discrimination laws.
Furthermore. Wal-Mart Stores, Inc. assures its employees that it supports Title vn and
will not take any action against an individual because heJshe has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC.
Appropriate corrective action,. up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination. based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1~gOO..Q,69-4000.
Signed this _ _ dayof _ _ _ _ _, 2006.
Wal-Mart Stores. Inc.
DO NOT REMOVE BEFORE April. 2009.

Case 8:05-cv-00313-JDW-MSS Document 25 Filed 06/29/2006 Page 13 of 13
EXHIBIIC
In order to resolve EEOC v. Wal-Mart Stores, inc., Civil Action 8:05~CV·31J-JDW­ MSS Wal~Man Stores. Inc. shall pay the total amount of $25.000.00 to be distributed as follows:
L Defendant will pay Laura Fulton-Eddy $25,000.00 which shaH be representative of compensatory damages. TIle Defendant shaH issue a fonn 1099 to Mrs. Fulton-EddY sUbstantiating same, Defendant shall issue the check in Mrs. FultonEddy's name and mail it to her, certified return receipt requested, to 3401 101" Street West, Palmetto, Florida 34221.
2. The payments referenced herein shall issue within fifteen (15) calendar days from the Coun's entry of Decree. Copies of the payment checks shall be forwarded to the attemion of Cada J. Von Greiff, Senior Trial Attorney, U.S. Equal Employment Opponunity Commission, SOl East Polk Street, Suite 1000, Tampa, F133602.

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?611461048054659-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:05-cv-00313-JDW-MSS

CLOSED

United States Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc. Assigned to: Judge James D. Whittemore Referred to: Magistrate Judge Mary S. Scriven Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 02/17/2005 Date Terminated: 04/04/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov ATTORNEY TO BE NOTICED

Eric S. Drieband Equal Employment Opportunity Commission One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6006 ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower

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V. Defendant Wal-Mart Stores, Inc.

2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
James Lee Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
represented by Aaron Jarett Reed Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/418-7470 Email: areed@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/17/2005
02/17/2005 03/11/2005 03/18/2005
03/28/2005 03/28/2005

#

Docket Text

1 COMPLAINT against Wal-Mart Stores, Inc. ; jury demand (Filing fee waived) , filed by United States Equal Employment Opportunity Commission.(wlb) (Entered: 02/22/2005)
2 Summons issued as to Wal-Mart Stores, Inc. Consent(s) issued. (wlb) (Entered: 02/22/2005)
3 NOTICE of designation under Local Rule 3.05 - track 2 (ao) (Entered: 03/11/2005)
4 NOTICE of pendency of other actions re order of compliance to Local Rule by United States Equal Employment Opportunity Commission Related case(s): yes (Von Greiff, Carla) (Entered: 03/18/2005)
5 Defendant's ANSWER to complaint and Statement of Affirmative Defenses by Wal-Mart Stores, Inc..(Reed, Aaron) (Entered: 03/28/2005)
6 RETURN of service executed on 3/9/05 by United States Equal Employment Opportunity Commission as to Wal-Mart Stores, Inc. (wlb) (Entered:

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04/18/2005 05/04/2005 05/16/2005
10/13/2005 01/11/2006
01/18/2006 02/02/2006 02/27/2006 02/28/2006 03/16/2006 03/17/2006 03/31/2006 04/03/2006 05/31/2006

03/29/2005)
7 NOTICE of unavailability of counsel byUnited States Equal Employment Opportunity Commission from May 27, 2005 to June 13, 2005. (Von Greiff, Carla) (Entered: 04/18/2005)
8 CASE MANAGEMENT REPORT. (Von Greiff, Carla) (Entered: 05/04/2005)
9 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/31/2006. Dispositive motions due by 2/28/2006. Pretrial Conference set for 6/9/2006 11:00 AM in Courtroom 13 B before Judge James D. Whittemore. Jury Trial set for 7/10/2006 08:30 AM in Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 5/16/2005. (, kle) (Entered: 05/16/2005)
10 NOTICE by United States Equal Employment Opportunity Commission of Scheduling Mediation (Von Greiff, Carla) (Entered: 10/13/2005)
11 Unopposed MOTION for Extension of Time to Complete Discovery Until February 28, 2006 and To Extend Summary Judgment Deadline Until March 31, 2006 by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/11/2006)
12 ORDER granting 11 Plaintiff's Motion for Extension of Deadlines. Signed by Judge James D. Whittemore on 1/17/2006. (kle) (Entered: 01/18/2006)
13 NOTICE by Wal-Mart Stores, Inc. of Rescheduling Mediation (Reed, Aaron) (Entered: 02/02/2006)
14 Unopposed MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores, Inc.. (Reed, Aaron) (Entered: 02/27/2006)
15 ORDER granting 14 Motion for Extension of Time to Complete Discovery. The discovery cut-off deadline shall be March 17, 2006. Signed by Judge Mary S. Scriven on 2/28/2006. (CH2) (Entered: 02/28/2006)
16 Unopposed MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit Return of Sevice of Subpoena--Elizabeth Kemp)(Reed, Aaron) (Entered: 03/16/2006)
17 ORDER granting 16 Defendant's Second Unopposed Motion for Extension of Time to Complete Discovery. Signed by Judge Mary S. Scriven on 3/17/2006. (EKW) (Entered: 03/17/2006)
18 NOTICE of Settlement by Wal-Mart Stores, Inc. (Reed, Aaron) (Entered: 03/31/2006)
19 ORDER dismissing case pursuant to the 18 Notice of Settlement. All pending motions are denied as moot. The Clerk is directed to close this case. Signed by Judge James D. Whittemore on 4/3/2006. (kle) (Entered: 04/03/2006)
20 NOTICE by United States Equal Employment Opportunity Commission of Filing Consent Decree for Court Approval (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 05/31/2006)

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06/01/2006 06/02/2006 06/09/2006 06/19/2006 06/29/2006

21 ORDER denying request for order approving proposed Consent Decree (Dkt. 20). Signed by Judge James D. Whittemore on 6/1/2006. (ao) (Entered: 06/02/2006)
22 Joint MOTION for Extension of Time to File Motion For Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 06/02/2006)
23 ORDER granting 22 Joint Motion for Extension of Time to File. Signed by Judge James D. Whittemore on 6/9/2006. (kle) (Entered: 06/09/2006)
24 Joint MOTION for Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 06/19/2006)
25 ORDER granting 24 Joint Motion for Approval of Consent Decree. Signed by Judge James D. Whittemore on 6/27/2006. (kle) (Entered: 06/29/2006)

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 New EEOC Publication Addresses Reasonable Accommodation for Atto...

http://www.eeoc.gov/press/6-01-06.html

The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE June 1, 2006

CONTACT: Federico Costales District Director

Delner Franklin-Thomas EEOC Regional Attorney (305) 808-1852 (305) 240-1017 (cell)

TTY:

Nora Curtin Supervisory Trial Attorney (305) 808-1789 (305) 808-1742

WAL-MART TO PAY $315,000 TO SETTLE TWO EEOC SUITS FOR SEXUAL HARASSMENT AT STORE IN
CENTRAL FLORIDA
Agency Also Announces $275,000 Settlement with R.T.G. Furniture for Sex and Race Bias
TAMPA – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlements of separate employment discrimination lawsuits filed against Wal-Mart Stores, Inc. and R.T.G. Furniture Corp. for a combined total of $590,000 on behalf of five individuals who were subjected to egregious sexual and racial harassment at stores in Central Florida. In addition to the monetary relief, both employers will take significant steps to prevent and address any future reports of discrimination.
The lawsuits against both companies were filed under Title VII of the 1964 Civil Rights Act and resolved by consent decrees in the U.S. District Court for the Middle District of Florida in Tampa. Wal-Mart will pay $315,000 to settle the EEOC’s two suits (8:04-cv-01862 – SDM-MSS and 8:05-cv-313-JDW-MSS ) charging the Arkansas-based retail giant with subjecting three female employees to sexual harassment at the same Super Center store in Bradenton, Fla. The consent decree further requires that Wal-Mart comply with other non-monetary relief, such as posting its anti-discrimination policy; providing annual training for its managers regarding sexual harassment; and entering into a three-year monitoring period by the EEOC to ensure compliance with Title VII.
EEOC’s first lawsuit against Wal-Mart, filed on August 12, 2004, charged the company with allowing sexual harassment of two of its female associates by a male department manager to go unchecked, notwithstanding the employees’ complaints to management. The sexually hostile work environment at the store included the male manager exposing himself to the women; touching, grabbing and fondling the women; making sexually suggestive comments; requesting sex; and other lewd and unlawful conduct. Despite notice to Wal-Mart’s management, the harassment continued until one of the female employees was forced to quit her job in January of 2003. The manager who perpetrated the sexual harassment ultimately resigned his employment.
The second suit against Wal-Mart, filed by the EEOC on February 17, 2005, charged the company with permitting another of its female associates to be sexually harassed by the store assistant manager at the same store location of the two women involved in the 2004 suit. In this case, the assistant manager who committed the harassment interviewed and hired the female associate in January of 2002. Shortly thereafter, he began sexually propositioning her, subjecting her to vulgar language and unwanted sexual comments, and touching private parts of her body. Despite notice received by the store manager regarding inappropriate sexual conduct, nothing was done to stop the illegal behavior until the assistant manager was transferred out of that store for unrelated reasons.
In addition to the Wal-Mart settlement, the EEOC’s Miami District Office announced that R.T.G. Furniture Corp. will pay $275,000 to settle a lawsuit charging the company with subjecting two employees to racial and sexual harassment at its Rooms To Go Seffner Clearance Center in the Tampa area. The suit (civil action number 8:04-cv-2155-T24-TBM) was filed by the EEOC on September 28, 2004, after the agency first attempted to reach a voluntary pre-litigation settlement.

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http://www.eeoc.gov/press/6-01-06.html

In the R.T.G. case, Tammy Leigh and Tanya Shelton, who worked as sales associates, contended they were sexually harassed by their immediate supervisor. The harassment ranged from highly charged sexual comments to inappropriate touching. Leigh, who is African American, also testified during depositions that she was subjected to racial harassment, including racial slurs and persistent racially offensive references to African American customers
In addition to the monetary relief for the charging parties, the consent decree requires R.T.G. Furniture Corp. to enter into a three-year monitoring period by the EEOC to ensure compliance with Title VII; provide annual training for its mangers and supervisory personnel on the requirements of Title VII; and post an anti-discrimination notice affirming its commitment to comply with the law.
“Racial and sexual discrimination are intolerable in any workplace,” said EEOC’s Miami District Director Federico Costales. “The settlement of theses case advances the EEOC’s efforts to eradicate employment discrimination, and should remind Florida employers to heighten their awareness to job bias by taking proactive measures to prevent it.”
EEOC Miami Regional Attorney Delner Franklin-Thomas said, “These cases are similar in that they involve large employers who had in place written harassment policies. But policies alone are not always enough. The staff in charge of implementing the policies failed to take appropriate corrective action. Harassment policies work best when supervisors and managers are trained on what to do when they receive complaints. Employers should not just leave such policies on a shelf to gather dust.”
EEOC is the government agency responsible for enforcing the federal laws prohibiting employment discrimination. Further information about the Commission is available on the agency’s web site at www.eeoc.gov.
This page was last modified on June 02, 2006.

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