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

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff, )

)

vs.

)

)

THE JONES STORE CO.

)

)

and

)

)

MAY DEPARTMENT STORES, CO.

)

)

Defendants. )

______________________________________ )

Civil Action No. COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under the Age Discrimination in

Employment Act to correct unlawful employment practices on the

basis of age and to provide appropriate relief to Barbara

Wells. Defendant, The Jones Store Co., refused to assign

Barbara Wells to the Estee Lauder cosmetics counter because of

her age, 59, and thereby caused her to receive lower sales

commissions and earnings. Defendant, May Department Stores,

Inc., acquired The Jones Store, Co. and continued its

operations in such a manner as to become a successor employer.

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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 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §626(b) (the “ADEA”), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the “FLSA"), as amended, 29 U.S.C.§§ 216(c) and 217. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western 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 ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626 (b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, The Jones Store Company, has continuously been doing business in the
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State of Missouri and the City of Kansas City, and has continuously had at least 20 employees.
5. At all relevant times, Defendant, May Department Stores Company, has continuously been doing business in the State of Missouri and has continuously had at least 20 employees.
6. At all relevant times, both Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630 (b), (g) and (h).
CONCILIATION 7. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626 (b).
STATEMENT OF CLAIMS 8. Since at least October 1995, the Defendant, The Jones Store Co., has engaged in unlawful employment practices at its Metro North store, Highway 169 and Barry Road, Kansas City, Missouri, in violation of Section 4(a) of the ADEA, 29 U.S.C. §623(a). The practices included failing to assign
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Barbara Wells because of her age, then 59, to the Estee Lauder cosmetics counter, thereby causing her to receive lower sales commissions and earnings because the cosmetic counter to which she was assigned, Clarins, had a lower sales volume than the Estee Lauder cosmetics counter.
9. The effect of the practices complained of in paragraph eight above has been to deprive Barbara Wells of equal employment opportunities and otherwise adversely affect her status as an employee because of her age.
10. The unlawful employment practices complained of in paragraphs eight and nine above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626 (b).
11. Defendant, May Department Stores, Inc., acquired The Jones Store, Co. and continued its operations in such a manner as to become a successor employer.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendants their officers, successors, assigns and all persons in active concert or participation with them, from making job assignments, and/or promotions based upon age and any other employment practice which discriminates on the basis of age
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against individuals 40 years of age and older. B. Order Defendants to institute and carry out
policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of past and present unlawful employment practices.
C. Grant a judgment requiring Defendants to pay Barbara Wells appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, and prejudgment interest.
D. Order Defendant to make whole Barbara Wells by restraining the continued withholding of amounts owing as back wages with prejudgment interest, in amounts to be determined at trial.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. 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,
GWENDOLYN YOUNG REAMS Associate General Counsel
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/s/ Robert G. Johnson
ROBERT G. JOHNSON Regional Attorney
/s/ C. Felix Miller C. FELIX MILLER MoBar #28309 Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7949
/s/ Andrea L. Taylor ANDREA L. TAYLOR MoBar # 42733 Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 400 State Avenue, Suite 905 Kansas City, Kansas 66101 (913) 551-5845 FAX (913) 551-6957
ATTORNEYS FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 
 CM/ECF Western District of Missouri - Docket Report

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?492666513148224-L_...

EAPJ, TERMED
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:01-cv-00070-FJG

Equal Employment Opportunity Commision v. The Jones Store Company et al Assigned to: Chief District Judge Fernando J. Gaitan, Jr Cause: 29:621 Job Discrimination (Age)

Date Filed: 01/18/2001 Date Terminated: 01/29/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commision

represented by Andrea Taylor Equal Employment Opportunity Commission 400 State Avenue Suite 905 Kansas City, KS 66101 (913)551-5845 Fax: 913-551-6957 Email: andrea.taylor@eeoc.gov ATTORNEY TO BE NOTICED

Carl Felix Miller Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7949 Fax: (314)539-7895 Email: felix.miller@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant The Jones Store Company
Defendant May Department Stores Company

Date Filed

#

Docket Text

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5/30/2007 1:59 PM

CM/ECF Western District of Missouri - Docket Report

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?492666513148224-L_...

01/18/2001
01/18/2001 01/18/2001 01/19/2001 01/29/2001

1 COMPLAINT against May Department Stores Company, The Jones Store Company. filed by Carl Felix Miller, Andrea Taylor of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commision. Receipt #waived. (Attachments: # 1 Civil Cover Sheet)(Beard, Melanie) (Entered: 01/19/2001)
2 MOTION to dismiss case Stipulation for Dismissal on behalf of Equal Employment Opportunity Commision.(Beard, Melanie) Modified on 1/19/2001 to correct spelling error(Beard, Melanie). (Entered: 01/19/2001)
3 Notice of EAPJ was handed to the party.(Beard, Melanie) (Entered: 01/19/2001)
4 SETTLEMENT NOTICE filed by Andrea Taylor of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commision.(Taylor, Andrea) (Entered: 01/19/2001)
5 CLERK'S ORDER OF DISMISSAL (related document(s)2) w/prejudice. (Enss, Rhonda) (Entered: 01/29/2001)

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

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

Plaintiff,

vs.
THE JONES STORE co.

Civil Action No.

and

MAY DEPARTMENT STORES, CO.

)

Defendants. )

SETTLEMENT AGREEMENT Plaintiff, Equal Employment Opportunity Commission (the "EEOC"), has instituted this action alleging that Defendant, The Jones Store Company, failed to promote Barbara Wells to a counter position with its Estee Lauder cosmetics line because of Ms. Wells' age, 60 years, in violation of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 621 & seq. (hereinafter the "ADEA"). Defendant May Department Stores Company acquired and continued the operation of those Jones Store Company facilities located in the Kansas City, Missouri area and is thus a successor employer. For purposes of settlement and compromise only, the parties wish to resolve the instant controversy without the expense,

delay, and burden of litigation. THEREFORE, the parties agree that: (i) the Court has
jurisdiction over the parties to and the subject matter of this action; (ii) the requirements of the ADEA will be carried out by the implementation of this Settlement Agreement; (iii) this Settlement Agreement is intended to and does resolve all matters in controversy in this lawsuit among the parties; and (iv) the terms of this Settlement Agreement constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE AGREED as follows: I. General Provisions
1. This Settlement Agreement, 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 Defendants of any violation of the ADEA or any executive order, law, rule or regulation dealing with or in connection with age discrimination in employment.
2. Defendants shall not discriminate with respect to any terms or conditions of employment on the basis of age.
3. Defendants shall not discriminate or take any adverse employment action against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful
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under the ADEA; (b) has participated in any investigation conducted under the ADEA connected with or leading up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of this Settlement Agreement.
II. Relief for Charging Party 1. Defendants will pay to Barbara Wells a total of $6,000 with $2,500 constituting backpay, $2,500 constituting liquidated damages and $1,000 constituting interest. Defendants shall, within ten (10) days of the execution of this Settlement Agreement, mail such checks to Barbara Wells at her current home
lG5dO7 address, 3054 W. Countryside, Springfield, Missouri,-, and mail copies of such checks to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce, Room 8.100, St. Louis, MO 63103. The check constituting backpay shall be subject to withholding for federal and state income taxes and the employee's portion of FICA and Defendants will issue a W-2 form for it. Defendants shall issue a 1099 for the check payable to Barbara Wells for liquidated damages and interest. Defendants shall provide to Barbara Wells an itemization of any deductions made and mail a copy of such itemization to the Regional Attorney along with a copy of the checks.

: _.. .
2. Defendants shall respond to all future employment references or inquiries concerning Barbara Wells by providing a favorable reference substantially in the form as stated in Exhibit A.
III. Posting of Policies 1. Defendants shall post and cause to remain posted the notices required to be displayed in the workplace by EEOC regulation 29 C.F.R. 4 1601.30 in the employee break room or other publicly visible location in all facilities owned and operated by Defendants. IV. Term and Effect of Settlement Agreement 1. By entering into this Settlement Agreement, the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charge that created the procedural foundations for the complaint in this case. 2. This Settlement Agreement shall be binding upon the parties hereto, their successors and assigns. Defendants shall affirmatively notify any purchasers of the obligations of this Settlement Agreement prior to any sale which may take place.
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3. Each party shall bear that party's own costs and attorney's fees.

FOR DEFENDANT THE JONES STORE COMPANY,

FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

Counsel d
FOR DEFENDANT MAY DEPARTMENT STORES COMPANY,

ROBERT G. JO Regional Att
C. FELIX MILLER Senior Trial Attorney
~&!x&pl Andrea L. Taylor Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7949
STEPHEN L. HILL U.S. Attorney CHARLES M. THOMAS Assistant U.S. Attorney 400 E. 9th Street, 5th Floor Kansas City, MO 64106

'<-BARBARA WELLS Charging Party
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The May Department Stores Company 611 Olive Street St. Louis, Missouri 63101
To Whom it May Concern: Ms. Barbara Wells was employed by The Jones Store in retail cosmetics sales from July
1, 1995 to May 16, 1996. She was responsible for the Clarins cosmetics product line, which showed growth in sales and customer base throughout her employment. Ms. Wells was a dependable employee who consistently met the expectations for the job. Please give Ms. Wells’ application every consideration.
Sincerely,
Laura Britton Director of Associate Relations Famous-Barr, A Division of The May Department Stores Company
Exhibit A

Release

In consideration of the payment to me by The Jones Store

Company and/or May Department Stores Company of $ 6,OOO.OO and

the Settlement Agreement to be presented to the Court and agreed

to by the Equal Employment Opportunity Commission and The Jones Store Company and May Department Stores Company, of which this Release is made a part, I, Barbara Wells, hereby fully and

forever release and discharge The Jones Store Company, May

Department Stores Company, their successors and assigns, including their directors, officers, employees and agents, from any and all claims or obligations based on age discrimination,

constructive discharge or any other conduct constituting discrimination under or in violation of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. § 621, & seq.,

through the date of the execution of this Release.

I have read this Release and have had the opportunity to consult with a private attorney as to the terms of this Release.

I execute it voluntarily, without coercion or threat of reprisal.

The undersigned acknowledges that she received this document

on

I 2000; and that she is legally entitled, but

not obligated, to consider this Agreement for twenty-one (21)

days before executing this Agreement. The undersigned's

execution of this agreement constitutes an affirmative

Exhibit B

representation that she has fully considered this agreement and

waives any further time for consideration.

The undersigned acknowledges that she may cancel this

Agreement within seven (7) days after executing this Agreement.

This Agreement shall be final and binding upon her, unless

revoked by her within seven (7) days after the execution.

IN WITNESS WHEREOF, this Release is signed and executed by

me on this

day of

, 2000.

Barbara Wells

Exhibit B