1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY JOHN STANLEY. ACTING SUPERVISORY TRIAL ATTORNEY
2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
3 SEATTLE, WA 98104 TEL: (206) 220-6896
4 FAX: (206) 220-6911

5
6 ATTORNEYS FOR PLAINTIFF
7 8

ORIGINAL
U.~. ~T~CT COURT
SEP 1 1 2002

9

DEP~

~-B~E. W~HfN~ON

10

11

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WASHINGTON

12

13
EQUAL EMPLOYMENT 14 OPPORTUNITY COMMISSION,

CS-02 -0$06- AAM
CIVIL ACTION NO.

15
16
17
SUPERVALU, INC.
18
19

Plaintiff, Defendant.

COMPLAINT JURY TRIAL DEMAND

20

NATURE OF THE ACTION

21

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

22 of the Civil Rights Act of 1991 to correct unlawful employment practices on the

23 basis of religion and to provide appropriate relief to Roger C. King. The Equal

24 Employment Opportunity Commission ("Commission") alleges that defendant

25 SUPERVALU, inc. ("SUPERVALU") subjected Mr. King to disparate treatment.

26 including failure to accommodate his religious needs and discharge on the

27

EQUAL EMPLOYMENT OPPORTUNITY COMMISSIC Seattle Dist rtct_.,~r~

SUPERVALU COMPLAINT - PAGE 1

~DD (~

1 basis of his religion. Plaintiff seeks injunctive and monetary relief, including

2 pecuniary and nonpecuniary compensatory and punitive damages, on behalf ol

3 Mr. King.

4

JURISDICTION AND VENUE

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

6 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant 7 to sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as

8 amended, 42 U.S.C. sections 2000e-5(f)(1) and (3) ("Title VII"), and Section

9 102 of the Civil Rights Act of 1991,45 U.S.C. §1981a.

lO

2. The employment practices alleged to be unlawful were committed

11 within the jurisdiction of the United States District Court for the Eastern District

12 of Washington.

13

PARTIES

14

3. Plaintiff, the Equal Employment Opportunity Commission is the

15 agency of the United States of America charged with the administration,

16 interpretation and enforcement of Title VII, and is expressly authorized to bring

17 this action by Section 706(f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1).

18

4. At all relevant times, defendant SUPERVALU has been a

19 corporation continuously doing business in the State of Washington and has

2O continuously had at least 15 employees.

21

5. At all relevant times, defendant SUPERVALU has continuously

22 been an employer engaged in an industry affecting commerce within the

23 meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g)

24 and (h).

25

STATEMENT OF CLAIMS

26

6. More than thirty days prior to the institution of this lawsuit, Mr. King

27

SUPERVALU COMPLAINT - PAGE 2

EQUAL EMPLOYMENT OPPORTUNITY COMMI$$101~ Seattle District Officl Federa~ Office Buildin~
~09 First Avenue, Suite 40(
Seattle, Washington 98104-106’ ~’elephone (20(~) 220-688~
Fax (206) 22~-891" TDD (20,8) 220-888,"

1 filed a charge with the Commission alleging violations of Title VII by defendant

2 SUPERVALU. All conditions precedent to the institution of this lawsuit have

3 been fulfilled.

4

7. Since on or about April, 2001, defendant SUPERVALU engaged in

5 unlawful employment practices at its Spokane, Washington facility in violation

6 of Civil Rights Act of 1964, §§ 703(a)(1), 42 U.S.C., 2000e-2(a)(1). Defendant

7 SUPERVALU affected the terms and conditions of Mr. King’s employment by

8 subjecting him to disparate treatment in the terms and conditions of his

9 employment, including failure to accommodate his religious needs and

10 discharge because of his religion.

11

8. The effect of the practices complained of in paragraph 7 above has

12 been to deprive Mr. King of equal employment opportunities and otherwise

13 adversely affect his status as an employee because of his religion.

14

9. The unlawful employment practices complained of in paragraph 7

15 above were intentional.

16

10. The unlawful employment practices complained of in paragraph 7

17 above were done with malice or with reckless indifference to Mr. King’s

18 federally protected rights.

19

PRAYER FOR RELIEF

20

Wherefore, the Commission respectfully requests that this Court:

21

A. Grant a permanent injunction enjoining defendant, its officers,

22 successors, agents, assigns, and all persons in active concert or participation

23 with it, from engaging in any employment practices which discriminate on the

24 basis of race and religion.

25

B. Order defendant to institute and carry out policies, practices, and

26 programs which provide equal employment opportunities for all employees,

27

SUPERVALU COMPLAINT - PAGE 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSIOI~ Seattle District Offlc( Federal Office Building
909 First Avenue, Suit~ 40( Se~le, Washington 98104-106"
Telephone (206) 220-68~
Fax (2~6] 220-89t" TOO (2~ 220-688;

1 and which eradicate the effects of its past and present unlawful employment

2 practices.

3

C. Order defendant to make whole Mr. King by providing appropriate

4 back pay with prejudgment interest, in amounts to be determined at trial, and

5 other affirmative relief necessary to eradicate the effects of its unlawful

6 employment practices.

7

D. Order defendant to make whole Mr. King by providing

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

9 employment practices described in paragraph 7 above, including past and

10 future out-of-pocket expenses, in amounts to be determined at trial.

11

E. Order defendant to make whole Mr. King by providing

12 compensation for past and future nonpecuniary losses resulting from the

13 unlawful practices complained of in paragraph 7 above, including without

14 limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to

15 be determined at trial.

16

F. Order defendant to pay Mr. King punitive damages for its malicious

17 and reckless conduct described in paragraph 7 above, in amounts to be

18 determined at trial.

19

G. Grant such further relief as the Court deems necessary and proper

20 in the public interest.

21

H. Award the Commission its costs of this action.

22 //

23 //

24 //

25 //

26

27

SUPERVALU COMPLAINT - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSIOh Seattle District Office
Federal Office Build~n~ gog F’imt Avenue, Suite ,Sea~le, Washi.ngto~ ~8104-=1061
Telephone (206) Fax (206) 220-691 TDD (206) :Z20-68,8:

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

DATED this °~’~ day of ~,~~.E~k~.~

, 2002.

6

7
A. LUIS LUCERO, JR. 8 Regional Attorney
9 JOHN STANLEY Acting Supervisory Trial Attorney
10

GWENDOLYN YOUNG REAMS Associate General Counsel

11

12 EQUAL EMPLOYMENT OPP~/RTUNITY COMMISSION

t3 Seattle District Office

Office of the General Counsel

909 First Avenue, Suite 400 14 Seattle, WashinQton 98104
Telephone (206}’220-6896

1801 "L" Street, N.W. Washington, D.C. 20507

15

Attorneys for Plaintiff

16

17

18

19

20

21 22

S \Legnr~COMPLAIN’,SUPERVALU w’~d

23

24

25

26

27

SUPERVALU COMPLAINT - PAGE 5

EQUAL EMPLOYMENT OPPORTUNITY" COMMISSION
Seattle District Office Federal Office Building
<309 First Avenue, Suite 400 Seattle, Washington 98104-1051
Telephone (206) 220-6883
Fax (206) 220-6911 TDD (206) 22G-6882

 
 04-01-04 03:22pm From-EEOC SED~

206 220 6911

T-883 P.005/016 F-927

---<..!)
~
a

1

THE HONORABLE ALAN A. MCDONALD

2

filED IN THE

u.s DiSTRICT COURT

3

tj\STI.:KN DISTRICT OF WASHINGTON

4

~ j:) 12 2004

IfI.~r,ES R. LARSEN, CLERK

5

...............__...._____ DEPUlY

Yi\KIMA. WASHINGTON

6

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF WASHINGTON

9 EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION )

10

)

Plaintiff,

)

11
v.

) CIVIL NO. CS-02-306-AAM ) (pROPOSED) CONSENT

12 SUPERVALU, INC.

) DECREE AND ORDER

) DISMISSING ACTION

13

Defendant.

)

)

14

I. INTRODUCTION

15

1. This action originated with a discrimination charge filed by Roger

16

C. King with the Equal Employment Opportunity Commission ("EEOC or the

17

Commission") on October 4,2001. Mr. King alleged that SuperValue, Inc.

18

("SuperValu" or "Defendant") discriminated against Mr. King based upon his

19
vn religion in violation of Title of the Civil Rights Act of 1964,42 U.S.C.§

20

2000e, et seq. (IlTitle VII").

21

2. On February 14,2002, the EEOC issued a Letter of Determination 22

23 24
CONSENT DECREE - PAGE 1

eOUAL. EMPLOYMeNT OPPORTUNI1" COMMISSION SoOl'llo Ol.uict OHio,
Fedoml Offlo. Building 909 I'lr&\ Avonuo, Sui!e 400
Soattla. WashinOton 981 Q401061 Tal_phone (206) 220.6aS3 ~a. (206) 220-<1911

04-01-04 03:23pm From-EEOC SED~

206 ZZO 6911

T-883 P.OOS/OIS F-9Z7

1 with a fmeting of reasonable cause that SuperValue violated Title VII by

2 subj ecting Mr. King to religious discrimination in its failure to accommodate

3 his religious needs and discharge.

4

3. The Commission filed its Complaint on September 11, 2002 in the

5 United States District Court for the Eastern District of Washington. The

6 complaint alleges that SuperValu violated Title VII by subjecting Mr. King to

7 disparate treatment, including failure to accommodate his religious needs and

8 discharge on the basis ofhis religion.

9

4. Defendant denied the allegations of discrimination in the EEOC's

10 complaint and asserted various affirmative defenses.

11

5. The parties want to conclude fully and finally all claims arising out

12 of the EEOC's complaint and the charge of discrimination filed with the EEOC

13 by Roger C. King. They enter into this Consent Decree to further the objectives

14 of equal employment as set forth in Title VII.

15

II. NONADMISSION OF LIABILITY AND NONDETERMINATION

BY THE COURT

16

6. This Consent Decree is not an adjudication or finding on the merits

17

of this case and shall not be construed as an admission by Defendant of a

18

violation of Title VII.

19
ill. JURISDICTION AND VENUE

20

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

21

1331, 1337, 1343 and 1345. This action is authorized pursuant to Sections
22

23
24
CONSENT DECREE ~ PAGE 2

EQUAL. E;M"'LOYMENT OPPORTUNITY COMMISSION So~n1. DISltlct Offlco Fodor.1 Offic. Builalng 909 First Avonuo, 511118 400 SQonlo, Woaning1Qn 98104-1061 Telepllcna (206) 220-Sea:l
Fax (2061220.6911

04-01-04 03:23pm From-EEOC SED~

Z06 ZZO 6911

T-883 P,DD7/DI6 F-9Z7

1 706(f)(1) and (3) of Title vn of the Civil Rights Act of 1964, as amended, 42

2 U.S.C. §§ 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of

3 1991,42 U.S.C. § 1981a. The employment practices alleged to be unlawful in

4 the complaint filed herein occurred within the jurisdiction of the United States

5 District Court for the Eastern District of Washington.

6

IV. SETTLEMENT SCOPE

7

8. This Consent Decree and a individual settlement agreement with Mr.

8 King are the final and complete resolution of all allegations of unlawful

9 employment practices contained in Mr. King's discrimination charge, in the

10 EEOC's administrative determinations, and in the complaint filed herein,

11 including all claims by the parties for attorney fees and costs.

12

V. MONETARYRELIEF

13

9. In full settlement oftrus lawsuit, SuperValu agrees to pay to Roger

14 C. King Twelve Thousand Five Roodred Eighty-six and 8011 00 Dollars

15 (12,586.80), less lawful deductions, for lost wages. A check in this amount will

16 be mailed directly to Mr. King at his home address within fifteen (15) business

17 days of the date of this Consent Decree is entered by the Court. SuperValu also

18 agrees to make pension contributions to the Western Conference of Teamsters

19 Pension Trust on behalf of Roger King for 160 hours in 2001 and 520 hours in

20 2002 in the amount of Two Thousand Twenty-Six and 40/100 Dollars

21 ($2,026.40). Pension contributions to the Western Conference of Teamsters

22 Pension Trust on behalf of Roger King must be made within fifteen (15)

23 24
CONSENT DECREE - PAGE 3

EQUAl. aMPLOYMENT OPPORTUNITY COMMISSION
Seallle OlslriCl Offico ~....I OHI"" Building
909 Firs! "'venue. Suh• .u:lO Sooala, WashingtOn ~8'O~1061 r.l.phcnD 1208) 220-6683 fo. i2061l20.691 1

04-01-04 03:23pm From-EEOC SEDr

206 220 6911

T-883 P 008/016 F-927

1 business days of the date this Consent Decree is entered by the Court.

2

VI. AFFIRMATIVE AND OTHER RELIEF

3

"SuperValu" as hereinafter mentioned refers to the Spokane SuperValu

4 Branch.

5

A. General Provisions

6

10. SuperValu, its officers, agents, and employees will refrain from

7 engaging in practices which unlawfully discriminate against employees on the
8 basis of religion. In recognition of its obligations under Title VII, SuperValu

9 will retain policies and practices designed to prevent discrimination in

10 employment.

11

B. Anti-Discrimination Policies and Procedures

12

11. SuperValu shal1 maintain its anti-discrimination policies,

13 procedures for employees, supervisors and management personnel and will

14 provide equal employment opportunities for all employees. SuperValu will

15 evaluate and, where appropriate, modify the practices of its managers and

16 supervisors in order to prevent discrimination in employment. SuperValu will

17 ensure that its managers and supervisors understand its Equal Employment

18 Opporrunity (EEO) policies and how those policies defme and identify what

19 constitutes employment discrimination.

20

12. Within sixty (60) days of the date of the effective date of this

21 Consent Decree, SuperValu will review its EEO policy, and revise it as

22 necessary, to ensure that it prohibits religious discrimination and addresses

23
24
CONSENT DECREE - PAGE 4

EaUAL EMP1.0YMENT OPPORTVNITY COMMISSION
Seattlo 01svh:t Office
Fo<Wel OnlC<l Bullc2lng BOg first Ave~u~. Sulto 400
Sa.ttl.. WashingtOn 98,04-106' Telop/'lono 1206) 22a.<lS8l F.,. 1206) 2~O-69' ,

04-01-04 03:Z3pm From-EEOC SEDO

Z06 ZZO 6911

T-883 P.009/016 F-9Z7

1 SuperValu's obligation to accommodate the religious beliefs of its employees.

2

C. Expungement of Records

3

13. Defendant will not disclose any information or make references to

4 any charge of discrimination or this lawsuit in responding to employment

5 reference requests for information about Roger C. King.

6

14. Defendant win expunge from the personnel files of Mr. King any

7 references to a charge of discrimination against Defendant and this lawsuit. If

8 Mr. King wishes to do so, SuperValu will permit him to review his personriel

9 file within thiny (30) days after the entry of this Consent Decree to ensure that

10 all such references have been expunged. SuperValu will not add to the

11 personnel files of Mr. King any references to his charges of discrimination and

12 this lawsuit after such references have been expunged.

13

D. Training

14

15. In the event that during the duration of this consent decree

15 SuperValu re-initiates operations in its Spokane Transportation Department the

16 following Training Requirements will be required.

17

16. Within one hundred and twenty (120) days of the re-initiation of

18 Transportation Operations, and annually thereafter, SuperValu will develop and

19 present to all managers three (3) hours of training on employment

20 discrimination, including religious discrimination and the employer's

21 reasonable accommodation obligations. The EEOC will have an opportunity to

22 review the training materials prior to the training date.

23 24
CONSENT DECREE - PAGE 5

EQUAl. EMPLOYMENT OPPORTUNITY COMMISSION SeBIlIe Ol61nC\ Off"", Fodar~1 Office Bulldlng
90111'l'st Avanu., Suiw 400 &.tills. WD,"lnglOn 981~10&1 Tolapne>ne (2051 220.6883
FaK (208) 220-69'1

04-01-04 03:24pm From-EEOC SEOO

206 220 6911

T-883 P,OIO/OIS F-9Z7

1

17_ SuperValu will notify the EEOC of the completion of the training

2 and will specify the names and job titles of the employees who participated in

3 and completed the training as part of its regular reporting to the EEOC as

4 provided below in paragraph 20.

S

E. Policies Designed to Promote Supervisor Accountability

6

18. SuperValu agrees that it shal1 impose substantial discipline -- up to

7 and including tennination, suspension without payor demotion -- upon any

8 supervisor or manager who engages in religious discrimination or with active or

9 constructive knowledge pennits any such conduct to occur in his or her work

10 area or among employees under his or her supervision, or who retaliates against

11 any person who complains or participates in any investigation or proceeding

t2 concerning any such conduct. SuperValu shall communicate this policy to all

13 of its supervisors and managers.

14

19; SuperValu agrees that it shall continue to advise all managers and

15 supervisors of their duty to actively monitor their work areas to ensure

16 employees' compliance with the company's EEO policy, and to report any

17 incidents andlor complaints of discrimination or retaliation of which they

18 become aware.

19

F. Reporting

20

20. In the event that SuperValu re-initiates Transportation Operations

21 in the Spokal1e Facility, it shall report in writing and in affidavit form to the

22 EEOC on an annual basis, beginning six (6) months from the date SuperValu re-

23
24 CONSENT DECREE - PAGE 6

eaUAL EMPLOYMENT OPPORTUNITY COMMISSION SGAtlle Di~l/ict OfficQ
Fod.raa Office S"II<1lng
909 Mral Av,nua, Suite 400
Sa.rue. WoshinglOn 98'04-1081
T.Iepnone (206) 210-8653 Fax (~061 220-8911

04-01-04 03:24pm From-EEOC SEor

- - - - - - ~~---~---." 206 220 6911

T-883 P.011/016 F-927

1 initiates its Transportation Operations in the Spokane Facility, and thereafter

2 every twelve (12) months for the duration of the decree the following

3 information:

4

a. Certification of the completion of three (3) hours of training and

list of attendees;

5

b. Certification that its EEO policy has been distributed to all current

6

and newly hired employees in the Transportation Operations at the

Spokane Facility;

7

c. A list of any changes, modifications, revocations or revisions to its

8

EEO policies and procedures which concern or affect the subject of

religious discrimination or retaliation.

9
d. A summary of all complaints of religious discrimination made

10

during the relevant annual reporting period and an explanation as

to SuperValu's response to such complaints; and

11
e. A statement listing the other provisions of this Decree that

12

defendants are required to perfonn and certifying that SuperValu

has complied with the terms of the Decree. If SuperValu has not

13

complied with any term of the Decree, the statement will specify

the areas of noncompliance, the reason for the noncompliance, and

14

the steps taken to bring the defendants into compliance.

15

G. Postin~

16

21. SuperValu will post a Notice, attached as Exhibit 1 to this Consent

17 Decree. The Notice shall be posted on a centrally located bulletin board at the

18 Spokane Facility to which all employees have access for the duration of the

19 Consent Decree.

20

VII. ENFORCEMENT

21

22. lfthe EEOC determines that SuperValu has not complied with the

22 tenus of this Decree, the EEOC will provide written notification of the alleged

23 24
CONSENT DECREE - PAGE 7

EQUAL eMPI.OYMEN-r OPPORTUNITY COMMISSION Seattle 018lno:l Of(,c~ Foderal OHlc. Building
$09 First AVenut. Suits 400 $QnlG. WaSlIin~~n S!l104.1061
T.~pnan. (206) 220·6883
Fo" 1206} 220·6911

04-01-04 03:24pm From-EEOC SEr~

206 220 6911

T-883 P.01Z/016 F-927

1 breach to SuperValu. The EEOC will not petition the court for enforcement of

2 the decree for at least thirty (30) days after providing written notification of the

3 alleged breach. The 3D-day period following the written notice shall be used by

4 the parties for good faith efforts to resolve the dispute.

5

vm. RETENTION OF JURISDICTION

6

23. The United States District Court for the Eastern District of

7 Washington shall retain jurisdiction over this matter for the duration of the

8 decree.
9

IX. DURATION AND TERMINATION

10

24. This Decree shall be in effect for two (2) years beginning the date

11 the Consent Decree is entered. If the EEOC petitions the Court for breach of the

12 Decree, and the Court finds SuperValu to be in violation of the terms of the

13 Decree, the Court may extend the duration of the Decree.

14 II

15 //

16 1/

17 1/ 18 1/

19 II 20 II

21

22

23 24
CONSENT DECREE ~ PAGE 8

EQUAL. EMPLOYMENT OPPORTUNITY COMMISSION
S.anl8 OI8Ulct OHic. FOdaral Offi~. Building 909 A"'I I\vonu8, S~h. 400
58anle, Wosningtan 98104-1061 Tolepllong (~061 2.20-6883
Falt (20a) 220·6511

04-01-04 03:25pm From-EEOC se'

206 220 691

T-883 P.013/016 F-927

X. CONCLUSION

2

25. The parties are not bound by any provision of this decree until it is

3 signed by authorized representatives of each party and entered by the Court.

4

5

rOwc.k. , Dated this /1!?t day of

2003.

6
7 A. LUIS LUCERO, JR. Regional Attorney
8
KATHRYN OLSON 9 Supervisory Trial Attorney

GWENDOLYN YOUNG REAMS
Associate General Counsel

10 TERIHEALY Trial Attorney
11
EQUAL EMPLOYMENT
12 OPPORTUNITY COMMISSION COMMISSION
13 Seattle District Office
14 909 First Avenue, Suite 400 Seattle, Washington 98104
ULVI- 15 Tq;ee:P~h206) 220-6916
16 B : -/Zl'Y1/y?

EQUAL EMPLOYNfENT
OPPORTUNITY
Office of the General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507 Telephone (202) 663-4702

17

Attorneys for Plaintiff

18 LAURIE JOHNSTON
JACKSON LEWIS, LLP 19 One University Square
600 University Street, Suite 2900 20 Seattle, WA 98101
Telephone (206) 405-0404
21 BY:._ _ _ _ _ _ _ _ __

22

Attorneys for Defendant

23 24
CONSENT DECREE - PAGE 9

eQUAl. eMPLOYMENT OPPORTUNITY COMMISSION 3earcl<l OlaVict Offio. ~.r.1 Onlce Building
00$ FIr":1: Avenue. Sui18 400
Se.nle. Wos~lng"'n 98104-106,
TolaphO.... (206) 220-SSB3 F•• (208) 220·8911

04-01-04 03:20pm From-EEOC SE"
1J

206 220 6911
-'--

T-SS3 P.014/016 F-927

1

X. CONCLUSION

2

25. The parties are not bound by any provision oftbis decree until it is

3 signed by authorized representatives of each. party and entered by ftle Conn.

4

5

rOM*- ~ Dated this

day of

,2003.

5

1 A. LUIS LUCERO, JR. Regional Attomey
8
KATHRYN OLSON 9 Superviso1'Y Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

to TERI HEALY Trial Attomey
II
EQUAL mAPLOYMENf 12 OPl>ORTUNITY COMMISSION
COl\1lv.IlSSION 13 Seattle District Office
14 909 First Avenue, Suite 400 Seattle, Washington 98104
15 T~1ephn(206) 220-6916
16 B :~dr lli",--

EQUALE:MPLOYMENT
OPPORTUNITY
Office ofthe General Counsel 1801 "L" Street, N.W. Wa&hington, D.C. 20507 Telephone (202) 663-4702

17

Attorneys for Plaintiff

'18 LAUlUE JOHNSTON JACKSON LE"WIS, LLP
19 One University' Square 600 University Street, Suite 2900
20 Seattle1 WA .98101
Telephone (206) 405-0404
211~~~~"'2~~3Attorneys for Defendant

23

24

CONSENT DECREE - PAGE 9

04-01-04 03:25pm From-EEOC sr·~

206 220 69'

T-883 P.015/0IS F-927

1
ORDER APPROVING CONSENT DECREE
2
The Court having considered the foregoing stipulated agreement of the
3
parties,
4
IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the
5
same hereby is, approved as the fmal decree of this Court in full settlement of
6
this action. This lawsuit is hereby dismissed with prejudice and without costs
7
or attorneys' fees to any party. The Court retains jurisdiction of this matter for
8
purposes of enforcing the Consent Decree approved herein.
9

10

DATED this ---'-____

April, 2004.

11

12

13

SENIOR

ALAN A. McDONALD

14

15

16

17

18

19

20

21

22

23
24
CONSENT DECREE - PAGE 10

EQUAL. eMPLOYMENT OPPOFlTUNliV COMMISSION
Saaata OISlrlct Office Fnd.or~1 Office 6Ylldlng
909 Firs. Avenue, Sill\<! 4CO
Sesnlo. W..~ingum ~B'O""l oe,
T.1.p~Qn. 1106) 220-e6a3
Fox 12061 220-6911

04-01-04 03:25pm From-EEOC SF~~

206 220 69'

T-883 P 016/016 F-927

1
NOTICE TO ALL EMPLOYEES
2
This notice is being posted pursuant to an agreement between SuperValu, 3 Inc. and the U.S. Equal Employment Opportunity Commission, entered as the
result of a resolution of a lawsuit in federal district court.
4 Title VII ofthe Civil Rights Act of 1964, as amended, the Age
5 Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 are enforced by the EEOC and require
6 the following:

7

That there be no discrimination against any employee or applicant

for employment because of the employee's race, sex, color,

8

religion, national origin, age (over age 40), or disability with

respect to hiring, [mng, compensation, or other terms, conditions

9

or privileges of employment.

10

It is an unlawful employment practice for an employer to retaliate against

any employees or applicants for employment because they have opposed

11

a practice or because they have made a charge, testified, assisted, or

participated in any marmer in an investigation, proceeding, or hearing

12

under these statutes.

13

SuperValu has posted this notice because the company supports and will

comply with these federal laws in all respects.

14

15

DATED _ _ _ _ _ _ __

16

SuperValu, Inc.

17
BY:
18

19 20 21
22 23 24
CONSENT DECREE - PAGE 11

Consent Decree Exhibit 1 Page 1 of 1
EQUAL EMPLovMENT OPPORTUNITY COMMISSION Saatllo Oii:ltict OTTica Federol Off'cQ BullQ;ng 909 FIISI A_onuQ. Suilll 400 Seattle. WoIahtnQlon 98104.1061 Talophonel20el 220-6Il83 raM 1206) 220-691 1

 
 CM/ECF LIVE - U.S. District Court:waed - Docket Report

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Eastern District of Washington U.S. District Court (Spokane) CIVIL DOCKET FOR CASE #: 2:02-cv-00306-AAM

CLOSED, JURY

EEOC v. Supervalu Inc Assigned to: Senior Judge Alan A. McDonald Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/11/2002 Date Terminated: 04/12/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6878 Fax: 12062206911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F Stanley Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6896 Fax: 206-220-6911 Email: john.stanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Supervalu Inc

represented by Lucinda Schilling Whaley Winston & Cashatt - SPO 601 W Riverside Avenue Suite 1900 Spokane, WA 99201-0695 509-838-6131

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Fax: 509-838-1416 Email: lsw@winstoncashatt.com TERMINATED: 05/21/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wayne W Hansen Jackson Lewis LLP - SEA One Union Square 600 University Street Suite 2900 Seattle, WA 98101 206-405-0404 Fax: 12064054450 Email: hansenw@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/11/2002 10/04/2002 10/11/2002 10/21/2002 10/22/2002 10/22/2002 11/21/2002 02/14/2003 02/14/2003 03/03/2003

#

Docket Text

1 COMPLAINT JURY TRIAL DEMAND (Summons(es) issued) Fee-status: wv Receipt #: wv (CR) (Entered: 09/11/2002)
2 ATTORNEY APPEARANCE for defendant Supervalu Inc ; Atty Lucinda Schilling Whaley appearing (FmrEmp) (Entered: 10/07/2002)
3 SUMMONS/RETURN OF SERVICE executed upon defendant Supervalu Inc (FmrEmp) (Entered: 10/15/2002)
4 ANSWER by defendant Supervalu Inc; jury demand (PP) (Entered: 10/22/2002)
Status Conference Notice ;telephonic status conf 10:30 12/17/02 Yakima, WA (PP) (Entered: 10/22/2002)
FAXED/MAILED order/judgment to all counsel Notice re Status conference. (PP) (Entered: 10/22/2002)
FAXED/MAILED order/judgment to all counsel Notice reserrint Status Conf. (PP) (Entered: 11/21/2002)
5 Joint Status Conference Certificate filed by plaintiff EEOC, defendant Supervalu Inc (PP) (Entered: 02/19/2003)
6 Discovery Plan by plaintiff EEOC, defendant Supervalu Inc pur. to FRCP 26(F) (PP) (Entered: 02/19/2003)
7 Status Conference Order by Judge Alan A. McDonald Disp mtn ddl: 4/30/04; Mtn in limine ddl: 5/7/04 ;discovery to be complete 3/26/04 ;pretrial conference 11:00 5/28/04 Yakima, WA ;proposed PTO due 5/21/04 ;Jury Trial set 1:30 6/7/04 Spokane, WA (cc:all counsel) (FmrEmp) (Entered: 03/03/2003)

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05/21/2003 07/14/2003 07/16/2003 09/09/2003 11/14/2003 11/17/2003 11/18/2003 04/01/2004 04/12/2004

8 Substitution of counsel: Wayne W Hansen replacing attorney Lucinda Schilling Whaley for Supervalu Inc (PP) (Entered: 05/22/2003)
9 PROPOSED RECEIVED StipO re:disclosure of experts submitted by plaintiff EEOC, defendant Supervalu Inc (PP) (Entered: 07/16/2003)
10 Stipulation and ORDER by Judge Alan A. McDonald : granting document proposed [9-1] re Expert Witnesses (cc: all counsel) (PP) (Entered: 07/16/2003)
11 Notice of change of Address re counsel by defendant Supervalu Inc (PP) (Entered: 09/09/2003)
13 PROPOSED RECEIVED StipO. re: Extention of time submitted by plaintiff EEOC, defendant Supervalu Inc (PP) (Entered: 11/18/2003)
12 PROPOSED RECEIVED StipO. re: submitted by plaintiff EEOC, defendant Supervalu Inc (PP) (Entered: 11/17/2003)
14 Stipulation and ORDER re DDL for Expert Witnesses by Judge Alan A. McDonald : (cc: all counsel) (PP) (Entered: 11/18/2003)
15 PROPOSED RECEIVED Consent Decree/Order re: Dismissing Action submitted by defendant Supervalu Inc, plaintiff EEOC (PP) (Entered: 04/05/2004)
16 CONSENT DECREE by Judge Alan A. McDonald COB: Y-45/1 (cc: all counsel) (PP) (Entered: 04/12/2004)

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