Miller, Judge Walker M.

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Consent Decrees Labor and Employment Law Program 
3-31-2008 
EEOC v. Joslin Dry Goods Company 
Judge Walker M. Miller 
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EEOC v. Joslin Dry Goods Company 
Keywords 
EEOC, Equal Employment Opportunity Commission, Joslin Dry Goods Company, 05-CV-00177-WDM-KLM, 
Retail, Sex, Female, Hostile Work Environment 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/465 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO
Civil Action No. 05-CV-00177-WDM-KLM
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION,
Plaintiff,
v.
JOSLIN DRY GOODS COMPANY d/b/a DILLARD’S,
Defendant.
CONSENT DECREE
I. RECITALS
1. This matter was instituted in the public interest by Plaintiff, Equal 
Employment Opportunity Commission ("Commission” or "Plaintiff” or "EEOC”), an 
agency of the United States government, alleging that Defendant Joslin Dry Goods 
Company d/b/a Dillard’s ("Defendant” or "Dillard’s”) discriminated against Melissa Wolff 
and a class of similarly situated individuals by maintaining a hostile work environment 
based on gender.
2. Defendant denies the allegations set forth in the instant action, and 
expressly denies it discriminated against Melissa Wolff and a class of similarly situated 
individuals on any basis.
3. The Commission and Defendant, desiring to settle this action by an 
appropriate Consent Decree ("Decree”), agree to the jurisdiction of this Court over the 
parties and the subject matter of this action, and agree to the power of this Court to 
enter a Consent Decree enforceable against the Parties hereto.
4. This Decree is final and binding upon the parties as to the issues 
resolved, as well as upon their successors and assigns.
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5. The parties agree that this Consent Decree fairly resolves the issues 
alleged in this lawsuit, and constitutes a complete resolution of all of the Commission’s 
claims of unlawful employment practices under Title VII that arise from the charge of 
discrimination filed by Melissa Wolff, Charge No. 320-2003-00459.
6. For the purpose of amicably resolving disputed claims, the Defendant 
joins with the Commission in requesting this Court to adjudge as follows:
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
II. JURISDICTION
7. The parties stipulate to the jurisdiction of the Court over the parties and 
subject matter of this action, and have waived the entry of findings of fact and conclusions 
of law.
8. The duration of this Decree shall be three (3) years from the date of entry by
the Court. In the event that the Commission believes Defendant has failed to comply 
with any provision(s) of this Consent Decree, the parties agree that the EEOC may 
petition the Court to enforce the terms of the Decree at any time during its duration.
III. ISSUES RESOLVED
9. This Decree resolves all claims for damages asserted or which could 
have been asserted in the instant litigation, Civil Action No. 05-CV-00177-WDM-KLM.
10. Defendant and its officers, agents, employees, successors, and all other 
persons in active concert or participation with any of them will not interfere with the 
relief herein ordered, but shall cooperate in the implementation of this Decree.
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IV. RELIEF FOR CLASS MEMBERS
11. Defendant shall pay the sums indicated for each Class Member in 
Attachment A, the total of which is $500,000, in full settlement of all monetary claims 
asserted by the EEOC on behalf of the class of allegedly aggrieved individuals 
identified thereupon. Defendant shall make such payments by check or money order 
no later than ten (10) days from the Court’s entry of the Consent Decree. The check or 
money order shall be made payable to each person and mailed to the address provided 
by the Commission. Defendant will issue an IRS Form 1099 to each Class Member.
12. Within three (3) business days of the issuance of the check or money 
order, Defendants shall submit a copy of the check or money order and any transmittal 
letter to Mary Jo O’Neill, Regional Attorney, Equal Employment Opportunity 
Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012. 
Defendant will not condition the receipt of individual relief on the class members’ 
agreement to (a) maintain as confidential the terms of this decree, (b) waive her 
statutory right to file a charge with any federal or state anti-discrimination agency, or (c) 
waive her right to apply for a position with the Defendant.
V. EQUITABLE RELIEF
A. Scope
13. The terms of this Decree shall apply to the Dillard’s stores currently in 
Palmdale, California, and Westminster, Colorado.
14. During the term of this Consent Decree, Defendant, its officers, agents, 
successors and other persons in active concert or participation with it, or any of them, 
are enjoined from engaging in any employment practice which discriminates on the 
basis of gender.
15. During the term of this Consent Decree, Defendant, its officers, agents, 
successors and other persons in active concert or participation with them, or any of
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them, are enjoined from engaging in reprisal or retaliation of any kind against any 
person because of such person’s opposition to any practice made unlawful under Title 
VII of the Civil Rights Act of 1964, as amended, because of such person’s filing a 
charge, testifying or participating in any manner in any investigation, proceeding, 
hearing or lawsuit under any of these statutes, because such person was identified as 
a witness or possible witness for the Commission, because such person participated in 
any manner in this action or in the investigation giving rise to this action, or because 
such person is designated as an aggrieved individual under this Decree.
B. Anti-discrimination Policy
15. Defendant shall adopt and/or maintain a policy proscribing discrimination 
based on gender, and proscribing retaliation against any employee who complains 
about gender discrimination or who files a charge of discrimination alleging gender 
discrimination ("Anti-Discrimination Policy”). Defendant shall post and keep posted for 
the duration of this Decree, in a conspicuous place in the Westminster, Colorado and 
Palmdale, California stores, where notices to employees and applicants for 
employment are customarily kept or posted, a copy of the Anti-Discrimination Policy. 
Within thirty (30) days of entry of this Decree, Defendant shall provide a copy of its 
Anti-Discrimination Policy to all employees and will provide the policy to newly hired 
employees within ten (10) days of their hire. Within forty-five (45) days of entry of this 
Decree, Defendant shall forward a copy of the Anti-Discrimination Policy to the 
Commission and a letter indicating that the Anti-Discrimination Policy has been posted 
and distributed.
C. Harassment Complaints
17. Defendant shall: (1) require that all complaints of harassment be 
permanently maintained in an alleged harasser’s file and, in the event an employee 
against whom a harassment complaint has been made transfers to another Dillard’s 
location, notice of the complaint will be provided to the new Store Manager; (2) permit
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employees to complain about harassment to any management official; and (3) 
whenever a complaint of sexual harassment is made, unless the complaint is found to 
have no merit, the alleged harasser will receive a minimum of two (2) hours of sexual 
harassment training within thirty (30) days of the complaint. Defendant shall also notify 
management officials that they have a duty to report observations of inappropriate 
conduct.
D. Training
18. Beginning in calendar year 2008, and annually thereafter during the term 
of this Consent Decree, Defendant shall conduct annual training for all of its employees 
on what constitutes discrimination and sexual harassment, at least 50% of which shall 
be harassment. Training will include notification of the Defendant’s policy and 
procedures for asserting complaints of discrimination. Defendant agrees that said 
training will also include advising employees on the penalties of engaging in 
discriminatory behavior. Defendant agrees that said training will include the 
Defendant’s non-retaliation policy. All training under this Paragraph shall be at 
Defendant’s expense, conducted by outside vendors or by video training which, upon 
request, may be reviewed by the EEOC.
19. The training will be conducted as follows:
a. Non-managerial Employees.
During the term of this Consent Decree, Defendant shall require non­
managerial employees to receive two (2) hours total of annual sexual 
harassment training. The first one hour of training shall be held within six (6) 
months after entry of this Consent Decree and every six (6) months thereafter.
All new hires shall continue to receive sexual harassment training currently 
provided by Defendant during its new hire orientation. Defendant shall provide 
the EEOC with a copy of the employee training and shall make a good faith 
effort to so provide within thirty (30) days of its implementation.
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b. Managerial and Supervisory Employees
During the term of this Consent Decree, Defendant shall require all 
individuals who work in a managerial or supervisory capacity to receive four 
hours total of annual interactive live broadcast sexual harassment and non­
retaliation training at its Palmdale, California and Westminster, Colorado stores. 
Defendant shall also require that Jeff Marsh, Dan Jensen, Sharen Meeks and 
Bill Hite receive the training designed for managerial and supervisory 
employees. Two (2) hours of this training shall be provided within three (3) 
months after entry of the Decree and two (2) hours every six (6) months 
thereafter. Defendant shall provide the EEOC with a copy of the training 
agenda, the names of the trainers, and the date(s) of the training in advance of 
the training. An EEOC representative may attend the training.
c. Employees Responsible for Investigating Allegations of 
Sexual Harassment
Defendant shall provide four (4) hours of investigation training for Store 
Managers, District Managers, and any other employee who may conduct sexual 
harassment investigations at its Palmdale, California and Westminster, Colorado 
stores. Defendant shall also require Jeff Marsh, Dan Jensen, Sharen Meeks, 
and Bill Hite to receive this training, and Defendant shall make a good faith effort 
to administer this training within six (6) months of the entry of this Decree. 
Defendant shall make its best effort to provide the EEOC with notification of the 
date of training within ten (10) days but no fewer than seven (7) days prior to the 
training. An EEOC representative may attend and participate in this training. No 
Defendant store manager, including Sharon Meeks, shall conduct an 
investigation into allegations of sexual harassment until they have received 
investigation training.
20. Defendant agrees that all personnel shall register and attend the seminar
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training sessions. In the reports required under the Reporting provisions of this 
Decree, Defendant shall submit copies of the agenda of the training programs, identify 
the individuals providing the training, and provide the registries of attendance.
E. Posting of Notice
21. Within five (5) business days of the entry of this Consent Decree, 
Defendant shall post in a conspicuous place in its Westminster, Colorado and 
Palmdale, California facilities where notices to employees and applicants for 
employment are customarily kept or posted, the Notice attached as Attachment B to this 
Decree. The Notice shall be posted and shall remain posted for the duration of this 
Decree. If the Notice becomes defaced or illegible, Defendant will replace it with a 
clean copy. Defendant shall certify to the Commission, in writing, within twenty (20) 
days of entry of this Decree that the Notice has been properly posted and shall provide 
recertification in each of the semi-annual reports required under the Reporting 
provision of this Consent Decree.
F. Record Keeping And Reporting Provisions
22. For the duration of this Consent Decree, Defendant shall maintain all 
records concerning implementation of this Consent Decree. The Commission shall 
have the right to interview any personnel employed by Defendant for the purpose of 
determining Defendant’s compliance with the terms of this Consent Decree. In the 
event the Commission exercises its right to interview personnel at Defendant’s 
premises, EEOC will provide Defendant at least twenty-four (24) hours prior notice, and 
will cooperate with Defendant to schedule such interviews at mutually convenient times 
and to ensure a minimum of disruption to operation of the business.
23. Each party shall bear its own costs in conjunction with the maintenance of 
records, preparation of any report, access or copying of records, or interviews of 
employees.
24. Defendant shall provide semi-annual reports for each six-month period
7
following the entry of the Decree. The reports shall be due thirty (30) days following 
the respective six-month period, except the final report which shall be submitted to the 
Commission two weeks prior to the date on which the Consent Decree is to expire.
24. Each report shall provide the following information:
a. Complaints of Gender Discrimination
For purposes of this Paragraph, the term "complaint of gender 
discrimination” will include any written or verbal complaint arising in the 
Westminster, Colorado or Palmdale, California stores, which alleges 
discrimination based on gender, or alleges conduct which the Defendant 
recognizes as presenting an allegation of gender discrimination. For example, 
an employee may complain that she was denied promotion because of her sex, 
or that co-workers are telling offensive sexual jokes. These are "complaints of 
discrimination” even though the employee does not expressly allege 
discrimination;
The name, address and telephone number of each person making a 
complaint of gender discrimination to Defendant or to any federal, state, or local 
government agency; and
Copies of all documents memorializing or referring to the complaint, 
investigation, and/or resolution thereof.
b. Training
For each training program required under Paragraphs 18 and 19, and 
conducted during the reporting period, Defendant shall submit a registry of 
attendance.
For each training program required under Paragraph 19, and completed 
during the reporting period, Defendant shall provide a certificate of completion.
For each training program conducted during the reporting period, 
Defendant will identify the vendor and provide a copy of the program agenda.
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c. Posting of Notice
Defendant shall re-certify to the Commission that the Notice required to 
be posted under Paragraph 21 of this Consent Decree has been properly 
posted, or if removed, was promptly replaced, during the duration of the 
reporting period.
VI. ENFORCEMENT
26. There is no private right of action to enforce Defendant’s obligations 
under the Decree and only the Commission may enforce compliance herewith.
27. Enforcement may be had by the Commission petitioning the Court for 
enforcement of the terms of this Decree.
VII. EEOC AUTHORITY
28. With respect to matters outside the scope of this Decree or charges not 
specifically resolved in Paragraph 4 above, this Decree shall in no way limit the powers 
of the Commission to seek to eliminate employment practices or acts made unlawful by 
any of the statutes over which the EEOC has enforcement authority.
VIII. COSTS AND ATTORNEY’S FEES
29. Except as specifically set forth herein, each party shall be responsible for 
and shall pay its own costs and attorney’s fees.
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IX. NOTICE
30. Any notice, report, or communication required under the provisions of this 
Decree shall be sent by certified mail, postage prepaid, to the appropriate parties as 
follows:
Supervisory Trial Attorney
Denver Field Office
Equal Employment Opportunity
Commission
303 E. 17th Avenue, Suite 510 
Denver, CO 80203
Dillard’s Vice President, Secretary and 
General Counsel 
1600 Cantrell Road 
Little Rock, AR 72201
DATED at Denver, Colorado, on March 31,2008.
BY THE COURT:
s/ Walker D. Miller 
United States District Judge
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ATTACHMENT A
CLASS MEMBER----------------------------------- MONEIARY AWARD-----------------------------
Jriscilla Romero $1UU,UUU
Jannelle Ybarra Lloyd $1UU,UUU
Sandra Sanchez $45,UUU
Sheena Hermance $45,UUU
Sara Goodwin Roth $45,UUU
Charlene Gardner $45,UUU
Caroline Azzara $25,UUU
Christina Paje $25,UUU
Cassie Whitesides $25,UUU
Ketty Lopez $25,UUU
.eatrice Doucet $1U,UUU
Michelle Miller $1U,UUU
11
ATTACHMENT B
NOTICE
The following notice is being posted pursuant to the terms of a Consent Decree 
reached between the parties in EEOC v. Dillard’s, filed in the United States District 
Court for the District of Colorado, Civil Action No. 05-cv-00177-WDM-KLM.
Management of Dillard’s wishes to emphasize the company’s fundamental policy 
of providing equal employment opportunity in all of its operation and in all areas of 
employment practices, and to ensure that there shall be no discrimination against any 
employee or applicant for employment on the grounds of race, color, religion, sex, 
pregnancy, national origin, age or disability. This policy extends to insurance benefits 
and all other terms, conditions and privileges of employment.
Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for 
an employer to discriminate based upon the sex of an employee or job applicant. 
Further, it is unlawful for any employer to retaliate against an employee because he or 
she has opposed discriminatory employment practices, including sex discrimination, or 
because he or she has filed a charge of discrimination with any municipal, state or 
federal equal employment opportunity agency, or because he or she has participated in 
an investigation of a charge of discrimination.
Dillard’s respects the right of its employees and applicants for employment to 
work in an environment free from discrimination. Accordingly, Dillard’s reaffirms its 
commitment to complying with the strictures of Title VII, in that it is our policy to prohibit 
all discrimination in terms of hiring, promotion, compensation, benefits, discharge or 
discipline because of sex.
Any employee who believes that he/she has suffered discrimination on the basis 
of age, race, color, religion, sex, pregnancy, national origin, or disability, has the right 
to contact the EEOC directly at 1-800-669-4000. In compliance with federal law, no 
official at Dillard’s will retaliate against an employee who makes an internal complaint 
of discrimination or who contacts the EEOC or its state counterpart.
This Notice shall remain posted for the term of three years.
Dillard’s
By:_______________________________________
Date
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EEOC v. Joslin Dry Goods Company

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EEOC v. Joslin Dry Goods Company

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