Sedwick, Judge John W.

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Consent Decrees Labor and Employment Law Program 
7-3-2007 
EEOC v. Zale Corporation 
Judge John W. Sedwick 
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EEOC v. Zale Corporation 
Keywords 
EEOC, Christina Zantarzis, Zale Corporation, A07-cv-00033 (JWS), Consent Decree, Disparate Treatment, 
Promotion, Sex, Female, Retail, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/335 
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WILLIAM R TAMAYO, REGIONAL ATTORNEY 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
SAN FRANCISO DISTRICT OFFICE 
350 THE EMBARCADERO, SUITE 500 
SAN FRANCISCO, CA 94105-1260 
JOHN F. STANLEY, SUPERVISORY TRIAL ATTORNEY 
MOLLY KUCUK, TRIAL ATTORNEY 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
909 FIRST AVE., SUITE 400 
SEATTLE, WA 98104 
TEL: (206)220-6892 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF ALASKA 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff, 
v. 
ZALE CORPORATION, 
Defendant 
No. A07-cv-00033 (JWS) 
CONSENT DECREE 
I. INTRODUCTION 
1. This action originated when Christina Kantarzis ("Charging Party") filed a charge 
("Charge") with the Equal Employm ent Opportunity Comm ission ("EEOC" or 
"Commission") on June 27, 2006. Kantarzis alleged that Za le Corporation ("Zale") in 
Anchorage, Alaska discriminated against her based upon her sex (pregnancy) in violation 
of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, atseq. ("Title VII") when 
she was denied prom otion to the position of store m anager of the S ears Mall Zales 
Jewelers ("Zales") location. 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Pagel of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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2. On January 3, 2007, the EEOC issued a letter of determ ination with a 
finding of reasonable c ause that Zale violated Title VII when Ms. Kantarz is was not 
promoted to the Sears Mall store manager position. Thereafter, the EEOC attempted to 
conciliate the charge, but the parties could not reach agreement. 
3. The Commission filed its Lawsuit on March 15, 2007, in the United States 
District Court for the District of Alaska (T he "Lawsuit"). The Lawsuit alleges that Zale 
violated Title VII by failing to promote Ms. Kantarzis because of her sex (pregnancy). 
4. Defendant denies the allegations of discrimination in Kantarzis' charge of 
discrimination and in the Lawsuit, and asse its there was no discrim ination against the 
Charging Party. 
5. The parties want to conclude fully and finally all claims arising out of the 
EEOC's Lawsuit and the Charge of discrimination filed with the EEOC by Christina 
Kantarzis. The parties agree that it is in their mutual interest to resolve this matter fully 
without the expense and delay of litigation. The parties agree that this Decree may be 
entered into without Findings of Fact and Conclusions of Law being made and entered by 
the Court. 
II. JURISDICTION AND VENUE 
6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 
1337, 1343 and 1345. This action is authorized pursu ant to Sections 706(f)(1) and (3) of 
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(l ) and (3), 
and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The employment 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 2 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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practices alleged to b e unlawful in the co mplaint filed herein occurred within in the 
jurisdiction of the United States District Court for the District of Alaska. 
III. SETTLEMENT SCOPE 
7. This Consent Decree is the final and complete resolution of all allegations 
of unlawful employment practices contained in Kantarzis' discrimination Charge, in the 
EEOC's administrative determinations, and in the Lawsuit filed herein. The Decree, 
including any requirements herein, is limited in scope to the Region as defined herein. 
The Region as used in this Consent Decree is defined as all employees, including 
managers, at Zales Jewelers stores in the State of Alaska (the "Region"). 
8. Zale's voluntary agreement to entry of this Consent Decree shall not be 
deemed as an adm ission of liability, and none of the parties to this Lawsuit shall be 
deemed a prevailing party. There has been no judicial determination in the Lawsuit that 
Zale has violated any law, or der, or regulation of the U nited States or of any state 
regarding its employment practices or policie s. Nothing in this Consent Decree shall be 
construed to limit or reduce Zale's obligation to fully comply with Title VII of the 1964 
Civil Rights Act, as amended, the Equal Pay Act, the Age Discrimination in Employment 
Act, and the Americans with Disabilities Act, or the regulations promulgated pursuant 
thereto. 
IV. MONETARY RELIEF 
9. In settlement of this Lawsuit, Zale agrees to pay Christina Kantarzis $55,000.00 
less deductions required by law. Paym ent will be made directly to Ms. Kantarzis at an 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 3 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
1 address to be provided by the EEOC. Payment will be made within twenty (20) days after 
2 this Consent Decree is entered by the Court. 
V. INJUNCTIVE AND OTHER RELIEF 
A. General Provisions 
10. Zale, its officers, agents, and employ ees in the Region shall not engage in 
practices which unlawfully discriminate against applicants and/or employees on the basis 
of sex (pregnancy). In recogn ition of its obligation und er Title VII, Zale agrees to 
evaluate its policies and practices set forth below. 
20 B. Anti-Discrimination Policies and Procedures 
Yi 11. Zale shall carry out anti-discrim ination policies, procedures and training for 
12 employees, supervisors and management personnel in the Region and will provide equal 
13 employment opportunities for all employees consistent with its obligations under the law 
Zale shall evaluate and, where appropriate, modify the practices of its m anagers and 
supervisors in the Region in order to preven t discrimination in employment. Zale shall 
communicate its Equal Em ployment Opportunity ("EEO) policies to its m anagers and 
supervisors in the Region, and provide a certif ication to ensure that these m anagement 
19 and supervisory employees have received the policies 
20 12. Within one hundred twenty (120) days of the effective date of this Consent 
2 i
 Decree, Zale shall: (a) evalua te its EEO policy to ensure that it adequately prohibits 
unlawful discrimination against employees in the Region on the basi s of sex (pregnancy) 
and addresses Zale's obligation to provide a discrimination-free work environment for its 
employees; and (b) distribute this written EEO policy to all present employees and future 
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EEOC v. Zale Corporation EQUAL EMPLOYMENT 
2 6 Proposed Consent Decree and Order OPPORTUNITY COMMISSION 
Page 4 of 8 Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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employees in the Region both m anagement and non-m anagement. Zale shall provide 
EEOC with a written copy of its EEO policy. 
C. Training 
13. Within one hundred twenty (120) da ys of the execution of this Consent 
Decree, Zale shall p resent all management and supervisory employees in the Regio n at 
least 2 hours of training on em ployment discrimination issues, including discrim ination 
against employees based on sex (pregnancy). 
14. Zale shall notify the EEOC of the completion of the training and shall specify 
the names and job titles of all m anagers and supervisory employees in the Region who 
participated in and completed the training as part of its annual reporting to the EEOC. 
D. Expungement of Records 
15. Zale shall expunge from its files all copies of Ms. Kantarzis'charge of 
discrimination or this lawsuit from her personnel files, the Regional Manager file, and the 
Director of Stores Manager file. 
E. Policies Designed to Promote Supervisory Accountability 
16. Zale shall im pose appropriate discipline up to and including term ination, 
suspension without pay or demotion, upon any supervisor or m anager in the Region who 
discriminates against any employee on the basis of sex (pregnancy). Zale shall state this 
policy in a communication to all of its supervisors and managers in the Region. 
17. An indi vidual's handling of EEO m atters shall be tak en into account when 
Zale evaluates the performance of managers and supervisors and in any consideration of 
their promotions in the Region. 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 5 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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18. Zale shall include compliance with the equal employment opportunity laws as 
a consideration for qualification for supervisory positions in the Region. 
F. Reporting 
19. Zale shall repo it in writing and in affidavit form to the EEOC, for the 
duration of this Consent Decree, the following information. 
a. Certification of the com pletion of 2 hour s of training to m anagers and 
supervisory employees in the Region, as refe renced in paragraph 14 hereof, and a list of 
attendees; 
b. Certification that its EEO policy has b een distributed to all current employees 
and new employees in the Region; 
c. Certification of the Expungem ent of all copies of the lawsuit brought by the 
EEOC and the complaint of discrimination made by Ms. Kantarzis from files as described 
in paragraph 16; 
d. A copy of its EEO policies and procedures which concern or affect the subject 
of discrimination or retaliation; 
e. A copy of the anti-discrim ination training materials presented to m anagement 
and supervisory employees in the Region; 
f For the duration of this Consent Decree, Zale shall annually submit a summary 
of sex and pregnancy discrimination complaints, if any, by applicants or employees in the 
Region against Zale that are reported to Hu man Resources or to the Shared Serv ices 
Center and the resolution of each complaint; and 
g. Following the expiration of the term of this Decree, a statement certifying that 
Zale has complied with Paragraph 17 & 18 of the Decree. If Zale has not compiled with 
Paragraph 17 & 18 of the Decree, th e statement will specify the areas of noncom pliance, 
the reason for the noncompliance, and the steps taken to bring Zale into compliance. 
G. Posting 
20. Zale will post a Notice, attached as Exhibit 1 to this Consent Decree. The 
Notice shall be posted at all stores in the Region for the duration of this Consent Decree. 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 6 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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VI. ENFORCEMENT 
21. If the EEOC determ ines thatZaleha s not com plied with the term s of this 
Decree, the EEOC will provide written notification, v ia certified mail, of the alleged 
breach to the office oft he General Counsel of Zale at 901 W. Walnut Hill Lane, 6 A, 
Irving, TX 75038, and to Ralph C. Pond, Be nedict Garratt Pond, PLLC, 1000 Second 
Ave. 30th Floor, Seattle, W A 98104. The EEO C will not petition the court for 
enforcement of the decree for at least thirty (30) days after providing written notification 
of the alleged breach, and only in the event Za le does not substantially cure the alleged 
breach. The thirty (30)-day period following the written notice shall be used b y the 
parties for good faith efforts to resolve the dispute. 
VII. RETENTION OF JURISDICTION 
22. The United States District Court of the District of Alaska shall retain 
jurisdiction over this matter for the duration of the decree. 
VIII. DURATION AND TERMINATION 
23. This Decree shall be in effect for two (2) years beginning the date this Court 
enters this Consent Decree. If the EEOC petitions the Court for breach of the Decree, 
and the Court finds Zale to be in violation of the terms of the Decree, the Court may 
extend the duration of the Decree. 
IX. ATTORNEYS' FEES, EXPENSES AND COSTS 
24. Each party shall bear its own attorney s' fees, expenses and costs incurred 
in this case. 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 7 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 
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X. CONCLUSION 
25. The parties are not bound by any provision of this decree until it is signed by 
authorized representatives of each party and entered by the Court. 
DATED this 3d day of July, 2007 
WILLIAM R. TAMAYO 
Regional Attorney 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
San Francisco District Office 
350 Embarcadero, Suite 50 0 
San Francisco, CA 94105-1260 
RONALD S. COOPER 
GENERAL COUNSEL 
JAMES E. LEE 
Deputy General Counsel 
JOHNF. STANLEY 
Supervisory Trial Attorney 
Gwendolyn Young Reams 
Associate General Counsel 
Molly P. Kucuk 
Trial Attorney 
By: /s/Bill Tamayo 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, WA 98104 
(206)220-6916 
Facsimile (206) 220-6911 
Office of the General Counsel 
1801 "L" Street, N.W. 
Washington, D.C. 20507 
Attorneys for Plaintiff 
,rd Dated this 3ra day of July, 2007 
Robertson, Monagle & Eastaugh 
By /s/ Robert Blasco 
Robert P. Blasco, AK Bar No. 7710098 
Counsel for Defendant Zale Corporation 
EEOC v. Zale Corporation 
Proposed Consent Decree and Order 
Page 8 of 8 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883 
Facsimile: (206)220-6911 
TDD: (206)220-6882 


EEOC v. Zale Corporation

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