Haggerty, Judge Ancer L.

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Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
4-29-2014 
EEOC v. Fred Meyer Stores, Inc. 
Judge Ancer L. Haggerty 
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EEOC v. Fred Meyer Stores, Inc. 
Keywords 
EEOC, Fred Meyer, Case 3:11-cv-00832-HA, Consent Decree, Retail Industry, sexual harassment, sex, 
female, Employment law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/414 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 1 of 11 Page ID#: 3257 
Will iam R. Tamayo, Regional Attorney 
John Stanley, Supervisory Trial Attorney 
May Che, Senior Trial Attorney 
Teri Healy, Senior Trial Attorney 
U.S. Equal Employment Opportunity Commission 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, WA 98104 
Tel: 206-220-6919 
may.che@eeoc.gov 
teri.healy@eeoc.gov 
Attorneys for Plaintiff EEOC 
Maryann Yelnosky, OSB N o . 8 6 3 2 0 0 
myelnosky@bullardlaw.com 
Francis T. Barnwell , OSB N o . 8 4 1 6 2 3 
fbarnwell@bullardlaw.com 
Bullard Law 
200 SW Market Street, Suite 1900 
Portland, OR 97201 
503-248-1134/Telephone 
503-224-8851/Facsimile 
Attorneys for Defendant Fred Meyer Stores, Inc. 
UNITED STATES DISTRICT COURT 
DISTRICT OF OREGON 
PORTLAND DIVISION 
EQUAL EMPLOYMENT Case No. 3:11-CV-832-HA 
OPPORTUNITY COMMISSION, 
[PROPOSED] CONSENT 
Plaintiff, DECREE 
v. 
FRED MEYER STORES, INC., 
Defendant. 
Page 1 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 2 of 11 Page ID#: 3258 
I. INTRODUCTION 
1. This action originated when Laura Morrow filed a charge of 
discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC”). 
Ms. Morrow alleged that Defendant Fred Meyer Stores, Inc. (“Defendant” or “Fred 
Meyer”) discriminated against her based on her sex by subjecting her to sexual 
harassment by a customer and by failing to take effective action to stop the sexual 
harassment in violation of § 703 of Title VII, 42 U.S.C. § 2000e-2(a) (“Title VII”). 
2. The EEOC sent Fred Meyer a Letter of Determination with a finding 
of reasonable cause to believe that Fred Meyer violated Title VII based on Ms. Morrow’s 
discrimination charge. The EEOC’s Letter of Determination included a finding that 
similarly situated female employees were also subjected to harassment because of their 
sex (female). Thereafter, EEOC attempted to conciliate the charge as to Ms. Morrow 
and two other claimants. However, conciliation was unsuccessful. 
3 . The EEOC filed this lawsuit on July 12, 2011, in the United States 
District Court for the District of Oregon on behalf of Ms. Morrow and similarly situated 
female employees. The EEOC filed its Amended Complaint on May 16, 2012, which 
alleges that Fred Meyer violated Title VII by subjecting Ms. Morrow and a class of 
similarly situated female employees, which included Kelli O’Neal, Victoria Settle, Janet 
Dudley, Deborah Atlee, Addie Humiston, and Courtney McMurray to a hostile work 
environment based on sex due to sexual harassment by a customer. 
4. The parties want to conclude fully and finally all claims arising out 
of the EEOC’s Complaint and Ms. Morrow’s charge of discrimination filed with EEOC. 
The EEOC and Fred Meyer enter into this Consent Decree to further the objectives of 
Page 2 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 3 of 11 Page ID#: 3259 
equal employment opportunity as set forth in Title VII. 
II. NONADMISSION OF LIABILITY AND NONDETERMINATION 
BY THE COURT 
5. This Consent Decree is not an adjudication or finding on the merits 
of this case and shall not be construed as an admission by Fred Meyer of a violation of 
Title VII. Fred Meyer expressly denies wrongdoing or liability. 
III. 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 pursuant 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) (1) 
and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The parties 
agree that the alleged acts took place within the jurisdiction of the United States District 
Court for the District of Oregon. 
IV. SETTLEMENT SCOPE 
7. This Consent Decree is the final and complete resolution of all Title 
VII allegations of unlawful employment practices contained in Ms. Morrow’s 
discrimination charge, in the EEOC's administrative determination, and in the 
Complaint filed herein, on behalf of Ms. Morrow and class members Kelly O’Neal, 
Victoria Settle, Janet Dudley, Deborah Atlee, Addie Humiston, and Courtney McMurray 
including all claims by the EEOC and Fred Meyer for attorney fees and costs. 
V. MONETARY RELIEF 
8. In settlement of this lawsuit, Fred Meyer agrees to pay the total sum 
of $487,500 to Charging Party Laura Morrow and the EEOC’s Class Members within 
Page 3 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 4 of 11 Page ID#: 3260 
fifteen (15) days of the entry of this Consent Decree. The parties agree that the EEOC 
will notify Defendant in writing by May 2, 2014 the amount Laura Morrow and each 
EEOC Class Member will each receive from this lump sum. The parties also agree that 
the entire amount Laura Morrow and each Class Member receives from the lump sum 
constitutes emotional distress damages because none of the Class Members seek any 
loss wages or benefits because of the alleged sexual harassment. A Form 1099 will be 
issued to Ms. Morrow and each EEOC class member. 
VI. INJUNCTIVE AND OTHER RELIEF 
A. General Provis ions 
9. Fred Meyer, its officers, agents, managers, assistant managers and 
other supervisors, and all human resource and loss prevention professionals who 
provide advice and assistance to the foregoing individuals, are enjoined from engaging 
in practices which constitute harassment based on an employee’s sex, and which 
constitute retaliation for an individual engaging in protected Equal Employment 
Opportunity (“EEO”) activity. In recognition of its obligations under the Title VII, Fred 
Meyer shall institute the policies and practices set forth below. 
B. Anti-Discrimination Pol ic ies and Procedures 
10. Fred Meyer shall take steps to prevent sex harassment, 
discrimination and retaliation. Fred Meyer shall provide training to its employees, 
managers, and supervisors as described in Paragraph 12, so they understand its sex 
harassment policies and how those policies define and identify what constitutes 
harassment, discrimination and retaliation. 
11. Within ninety (90) days of the date of the effective date of this 
Page 4 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 5 of 11 Page ID#: 3261 
Consent Decree, Fred Meyer shall: (a) institute an EEO policy which adequately 
prohibits harassment, discrimination and retaliation, and addresses Fred Meyer’s 
obligation to provide a work environment free of harassment, discrimination and 
retaliation for its employees and confirms that a prompt investigation of harassment by 
a customer will be conducted with the same thoroughness, utilizing the same practices 
and procedures, and applying the same standards for evaluating the results of the 
investigation and for considering appropriate remedial action, as when the alleged 
harasser is employed by Fred Meyer; and (b) distribute its EEO policy to all present and 
future Oak Grove store employees, both management and nonmanagement, to 
managers, supervisors, human resources and loss prevention staff who were employed 
at its Oak Grove Store during the period of January 1, 2007 through June 30, 2009, and 
to its regional human resources and loss prevention managers at its Portland District 1 
Corporate Office. 
C. Training 
12. Within one hundred twenty (120) days of the date of entry of this 
Consent Decree, Fred Meyer shall present to all managers, assistant managers, 
supervisors, human resources and loss prevention staff at its Oak Grove store, including 
those managers, assistant managers, supervisors, human resources and loss prevention 
staff who were employed at its Oak Grove Store during the period of January 1, 2007 
through June 30, 2009, and its regional human resources and loss prevention managers 
at its Portland District 1 Corporate Office, no less than two and one-half (2 ½ ) hours of 
face-to-face training by a qualified trainer on harassment, and employment 
discrimination. The EEOC will have an opportunity to view the training materials prior 
Page 5 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 6 of 11 Page ID#: 3262 
to the training date. 
Annually thereafter for the life of this Consent Decree, Fred Meyer will 
require: (1) all managers, assistant managers, supervisors, human resources and loss 
prevention staff at its Oak Grove store, including those managers, assistant managers, 
supervisors, human resources and loss prevention staff who were employed at its Oak 
Grove Store during the period of January 1, 2007 through June 30, 2009, and its 
regional human resources and loss prevention managers at its Portland District 1 
Corporate Office, to complete two and one-half (2 ½ ) hours of face-to-face training by a 
qualified trainer on harassment and employment discrimination. 
D. Employee Records and Neutral Employment Reference 
13. Fred Meyer shall not disclose any information or make reference to 
any charge of discrimination that is the subject of the lawsuit or this lawsuit in 
responding to employment reference requests for information about Ms. Morrow and 
any other EEOC Class Member. 
14. Fred Meyer hereby certifies that the personnel files of Ms. Morrow 
and each Class Member has no reference to any charge or allegation of discrimination 
against Fred Meyer and this lawsuit. Fred Meyer shall not disclose any information or 
make reference to any charge of discrimination or this lawsuit in responding to requests 
for information about Ms. Morrow or any other EEOC Class Member. 
E. Policies Des igned to Promote Supervisor Accountability 
15. Fred Meyer shall specifically advise managers and supervisors at its 
Oak Grove store, including those managers and supervisors who were employed at its 
Oak Grove Store during the period of January 1, 2007 through June 30, 2009, and its 
Page 6 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 7 of 11 Page ID#: 3263 
regional human resources and loss prevention managers at its Portland District 1 
Corporate Office of their duty to ensure compliance with its EEO policies, and to report 
any incident or complaint of harassment, or discrimination of which they become aware. 
If such a manager or supervisor violates Fred Meyer’s EEO policies, he or she may be 
subject to discipline up to and including termination and his or her compensation may 
be affected. 
16. Fred Meyer shall include “commitment to equal employment 
opportunity” or similar designation as a criterion for qualification for evaluation of 
supervisory positions at its Oak Grove store and of human resource and loss prevention 
managerial positions at its Portland District 1 Corporate Office. 
F. Reporting 
17. Fred Meyer shall report to the EEOC for a period of three (3) years. 
The reports shall be in writing and submitted on an annual basis during the three-year 
(3) reporting period. The reporting period will run from the date of the entry of this 
Consent Decree, and shall include the following information: 
a. Certification of the completion of training and list of 
attendees set forth in Paragraph 12 above, and a list of all attendees including job 
titles. 
b. Certification that its EEO policy has been sent to all current and 
newly hired employees as described in Paragraph 11 above. 
c. A copy of its EEO policy and a list of any changes, modifications, 
revocations or revisions to its EEO policies and procedures if any, which concern or 
affect the subject of harassment and discrimination; and 
Page 7 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 8 of 11 Page ID#: 3264 
d. A summary of all complaints of sex harassment and discrimination 
brought by Fred Meyer employees its Oak Grove store, if any. The summary will include 
the nature of the complaint and indicate what actions, if any, Fred Meyer took in 
response, the complaining party by name, the alleged discriminator/harasser/retaliator 
by name, the time during which the actions given rise to the complaint occurred, and the 
resolution of each such complaint. 
G. Posting 
18. Fred Meyer shall post a Notice, attached as Exhibit A to this 
Consent Decree. The Notice shall be posted on a centrally located bulletin board at Fred 
Meyer’s Oak Grove Store and all stores operating under the supervision of its Portland 
District 1 Corporate Office, including at its Portland District 1 Corporate Office, for the 
duration of the Consent Decree. 
VII. ENFORCEMENT 
19. If the EEOC determines that Fred Meyer has not complied with the 
terms of this Consent Decree, the EEOC shall provide written notification of the alleged 
breach to Fred Meyer. The EEOC shall not petition the Court for enforcement of this 
Consent Decree for at least thirty (30) days after providing written notification of the 
alleged breach. The thirty (30)-day period following the written notice shall be used by 
the EEOC and Fred Meyer for good faith efforts to resolve the dispute. If Fred Meyer is 
taking reasonable steps to cure the breach within the thirty (30) day period, the EEOC 
may agree to a reasonable extension of additional time. 
VIII. RETENTION OF JURISDICTION 
20. The United States District Court for the District of Oregon shall 
Page 8 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 9 of 11 Page ID#: 3265 
retain jurisdiction over this matter for the duration of this Consent Decree. 
IX. DURATION AND TERMINATION 
21. This Consent Decree shall be in effect for three (3) years from the 
date of entry of the Decree. If the EEOC petitions the Court for breach of this Consent 
Decree, and the Court finds The Company to be in violation of the terms of the Consent 
Decree, the Court may extend the duration of this Consent Decree. 
22. The parties are not bound by any provision of this Consent Decree 
until it is signed by an authorized representative of each party and is entered by the 
Court. 
Page 9 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 10 of 11 Page ID#: 3266 
DATED: April 29, 2014. 
WILLIAM TAMAYO 
Regional Attorney 
JOHN F. STANLEY 
Supervisory Trial Attorney 
MAY CHE 
Senior Trial Attorney 
TERI HEALY 
Senior Trial Attorney 
P. DAVID LOPEZ 
General Counsel 
JAMES L. LEE 
Deputy General Counsel 
GWENDOLYN Y. REAMS 
Associate General Counsel 
BY: s/ William Tamayo 
Seattle Field Office 
909 First Avenue, Suite 400 
Seattle, WA 98104 
Office of the General Counsel 
131 M Street, NE 
Washington, D.C. 20507 
Attorneys for Plaintiff 
By s/ Francis Barnwell 
Maryann Yelnosky, OSB No. 863200 
myelnosky@bullardlaw.com 
Francis T. Barnwell, OSB No. 841623 
fbarnwell@bullardlaw.com 
503-248-1134/Telephone 
503-224-8851/Facsimile 
Attorneys for Defendant 
Fred Meyer Stores, Inc. 
Attorneys for Defendant 
Page 10 CONSENT DECREE 
(3:11-CV-832-HA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
Case 3:11-cv-00832-HA Document 177 Filed 04/29/14 Page 11 of 11 Page ID#: 3267 
CERTIFICATE OF SERVICE 
I hereby certify that on April 29, 2014, I served the foregoing CONSENT 
DECREE on: 
Maryann Yelnosky, OSB No. 863200 
Francis T. Barnwell, OSB No. 841623 
David J. Riewald, OSB No. 880969 
Emily Q. Shults, OSB No. 072946 
Bullard Smith Jernstedt Wilson 
200 SW Market Street, Suite 1900 
Portland, OR 97201 
Tel: 503-248-1134 
Attorneys for Defendant 
0 by electronic means through the Court’s Case Management/Electronic Case File 
system, which will send automatic notification of filing to each person listed 
above. 
• by mailing a true and correct copy to the last known address of each person 
listed. It was contained in a sealed envelope, with postage paid, addressed as 
stated above, and deposited with the U.S. Postal Service in Portland, Oregon. 
• by causing a true and correct copy to be hand-delivered to the last known 
address of each person listed. It was contained in a sealed envelope and 
addressed as stated above. 
• by causing a true and correct copy to be delivered via overnight courier to the 
last known address of each person listed. It was contained in a sealed envelope, 
with courier fees paid, and addressed as stated above. 
• by faxing a true and correct copy to the last known facsimile number of each 
person listed, with confirmation of delivery. It was addressed as stated above. 
• by emailing a true and correct copy to the last known email address of each 
person listed, with confirmation of delivery. 
Rebecca Eaton 
EEOC Legal Technician 
Page 1 CERTIFICATE OF SERVICE 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEATTLE FIELD OFFICE 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104-1061 
(206) 220-6883 
myelnosky@bullardlaw.com 
fbarnwell@bullardlaw.com 
driewald@bullardlaw.com 
eshults@bullardlaw.com 


EEOC v. Fred Meyer Stores, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1443&amp;context=condec

EEOC v. Fred Meyer Stores, Inc.

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