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Q: Class Action Suit against Home Depot ( Answered 3 out of 5 stars,   6 Comments )
Question  
Subject: Class Action Suit against Home Depot
Category: Relationships and Society
Asked by: ussoldier-ga
List Price: $25.00
Posted: 06 Jun 2006 20:47 PDT
Expires: 06 Jul 2006 20:47 PDT
Question ID: 735946
What class action suit was filed and adjudicated recently against The
Home Depot in or around Denver, Colorado and what was the settlement
amount for?

Request for Question Clarification by bobbie7-ga on 06 Jun 2006 21:25 PDT
Ussoldier,

Could this be the class action suit you have in mind?

Civil Action No. 04 D 1776; U.S. District of Colorado
Home Depot to Pay $5.5 Million to Resolve Class Discrimination Lawsuit in Colorado
http://www.workplaceanswers.com/News/Home-Depot-to-Pay-$5.5-Million-to-Resolve-Class-Di63.aspx

Thanks, 
Bobbie7

Clarification of Question by ussoldier-ga on 06 Jun 2006 21:43 PDT
This looks like the one.  Now, I want to find out how many claimants
there were and what the payoff was for each of these people.  Also, if
it's public information, what are the names of the claimants or people
who were able to receive money based on this settlement?
Answer  
Subject: Re: Class Action Suit against Home Depot
Answered By: bobbie7-ga on 07 Jun 2006 05:41 PDT
Rated:3 out of 5 stars
 
Hello again Ussoldier,


>What class action suit was filed and adjudicated recently against The
Home Depot in or around Denver, Colorado and what was the settlement
amount for?>
 
I?m pleased that I located the correct class action suit for you and
that I was able to provide you with the answer to your original
question.

From The U.S. Equal Employment Opportunity Commission:

EEOC v. Home Depot, U.S.A., Inc., d/b/a The Home Depot
No. 04 D 1776 (D. Colo. Sept. 30, 2005) 

?The Denver District Office alleged that defendant, a nationwide home
improvement retailer, engaged in a pattern or practice of hostile work
environment discrimination against employees based on sex, race, and
national origin and a pattern or practice of retaliation in violation
of Title VII at its 30-plus stores in Colorado. Managers subjected
female employees to sexually offensive comments and unwelcome sexual
advances, and made derogatory comments about the competence and work
habits of women, blacks, and Hispanics. The complaint alleged that
discrimination against women and minorities in various terms and
conditions of employment e.g., assignments, pay, discipline,
promotions contributed to the hostile work environment. Employees who
complained about the harassment were subjected to adverse terms and
conditions of employment, including disparaging comments about their
performance, overscrutinization of their work, demotion, and
discharge.

Under a 30-month consent decree, defendant will pay up to $5,630,000
to resolve the case. The bulk of the money, $5.5 million, will
constitute monetary relief to claimants: $3 million to 38 charging
parties and $2.5 million to a Class Settlement Fund for distribution
to other claimants (potential claimants are individuals employed at
any time since January 1, 2000). The EEOC and defendant will jointly
enter into a contract with a Fund Administrator and defendant will pay
up to $80,000 of his or her expenses. In addition, defendant will
place $50,000 into an escrow account, and if EEOC retains an
individual to assist in monitoring the decree, the Fund Administrator
may tap the account to pay the decree monitor's reasonable expenses.

The injunctive relief in the decree applies to all Home Depot stores
in Colorado. The decree prohibits defendant from creating or
tolerating a hostile work environment based on sex, race, and/or
national origin and from retaliating against employees who report or
complain about what they perceive as unlawful discrimination based on
age, race, national origin, sex, religion, and/or disability. Under
the decree, defendant will modify its policies and procedures
regarding harassment/hostile work environments and retaliation and
will distribute and otherwise effectively disseminate the policies to
all employees. Written notification of every complaint filed must be
sent to human resources and to the Consent Decree Coordinator.
Defendant will investigate all complaints filed and will prepare a
summary of the investigation and any remedial action taken or
proposed. When evaluating managers' performance and setting their
compensation, defendant will consider the managers' compliance with
EEO policies and procedures.

Defendant will designate a senior level employee with experience in
human resources management as the Consent Decree Coordinator, and will
inform all Colorado employees about his/her appointment and function.
The Consent Decree Coordinator will oversee defendant's implementation
of the consent decree and respond to EEOC's questions regarding decree
compliance. In addition, the Consent Decree Coordinator will be
responsible for answering employees' questions on the company's
policies regarding hostile work environment discrimination and
retaliation and overseeing the company's investigations of internal
complaints.

Defendant will provide annual EEO training to: (a) nonsupervisory
employees (2 hours), (b) management and supervisory employees (4
hours), and (c) human resources employees in Colorado and
District-level human resources managers with responsibility for
Colorado (16 hours). The management, supervisory, and human resources
employees delineated above will also receive instructions on the
prohibitions of and defendant's obligations under the consent decree
and the proper procedures for recording and responding to complaints
of discrimination. Finally, defendant will provide the EEOC with
quarterly and annual reports regarding its compliance with the
decree.?
http://www.eeoc.gov/litigation/settlements/settlement09-05.html



> This looks like the one.  Now, I want to find out how many claimants
there were and what the payoff was for each of these people.  Also, if
it's public information, what are the names of the claimants or people
who were able to receive money based on this settlement?<


It appears that the answer I provided has launched us into areas that,
while related, are beyond the scope of the original question.
Answering the questions in this clarification request would best be
served by asking them in a new question. I hope that is not too
inconvenient.

However, I did try to locate the very specific information you asked for. 

It appears you may be able to obtain the information requested through Pacer.
Accessing PACER:

?Internet access is available at http://ecf.cod.uscourts.gov/

 Now you can have access to an electronic history of a case of
interest without having to leave your office.?

Searching: 

?You can search for a case by participant name, filing date, or case
number. Once you find the case you want, you can have the case and
docket information transmitted to you, ready to print on your own
printer. ?

Tracking: 

?Each day's docket information is available immediately through PACER,
therefore, if you are tracking the progress of a case, the PACER
system allows you to quickly check if there have been any updates.
This means you can review docket entries and case information when
something happens; if there have been no updates, you can confirm this
fact in seconds.?

Availability: 

?The PACER system is available around the clock, seven days a week.
All active and recently closed cases are yours for the asking, without
having to make repeated trips to the Court to review paper records, or
receiving busy signals on attempted phone calls to the Court.?

http://www.co.uscourts.gov/pacer_frame.htm

You may register online at  http://pacer.psc.uscourts.gov/ 

You will receive your password and login information from the PACER Service Center

Pacer Fees
http://www.co.uscourts.gov/forms/pacer_fees.pdf


Download PACER Application 
http://www.co.uscourts.gov/forms/pacer_app.pdf


Contact the PACER Service Center with questions regarding registration.
PACER Registration
P.O. Box 780549
San Antonio, TX 78278-0549
Telephone 1-800-676-6856
FAX 1-210-301-6441

United States District Court for the District of Colorado
http://www.co.uscourts.gov/cmecf_frame.htm



Another alternative is to contact the EEOC Denver District Office.
They may be able to give you the names of the claimants.

The Equal Employment Opportunity Commission Denver District Office is
located at 303 East 17th Avenue, Suite 510.

Interested parties may contact the Denver District Office of the EEOC
at (303) 866-1358.

http://www.eeoc.gov/press/8-25-04.html



I hope the information provided is helpful!


Best regards,
Bobbie7
ussoldier-ga rated this answer:3 out of 5 stars
This was a satisfactory answer.  Having seen that the question was
answered in full, I see that I should have asked something more
specific because it was what I was really looking for.

Comments  
Subject: Re: Class Action Suit against Home Depot
From: probonopublico-ga on 07 Jun 2006 06:33 PDT
 
As your Question was answered 'in full' then it was inappropriate to
rate the Answer with only 3 Stars.

It was certainly not the Researcher's fault that you 'should have
asked something more specific because it was what you were really
looking for'.

In the circumstances, I hereby award 2 Extra Special Stars and a
Purple Heart to bobbie7-ga who has been seriously wounded in action by
friendly fire.

Let us all wish her a speedy recovery.

PB
Subject: Re: Class Action Suit against Home Depot
From: bobbie7-ga on 07 Jun 2006 07:22 PDT
 
Dear Bryan,

Thank you for the 2 Extra Special Stars and the Purple Heart! 

I appreciate your support :-)

Bobbie7
Subject: Re: Class Action Suit against Home Depot
From: crabcakes-ga on 07 Jun 2006 09:02 PDT
 
I'm confused also. Why "punish" the researcher for your error?
Subject: Re: Class Action Suit against Home Depot
From: ussoldier-ga on 10 Jun 2006 21:17 PDT
 
I awarded the researcher three stars because the answer was
satisfactory.  I would have awarded five stars had the answer given
been "above and beyond."  Why is it that we live in a world that
believes that a 'C' is a bad grade.  'C' is satisfactory, and it is
the average grade that should be given in a class.  You should not get
an 'A' for a college class in which you were just getting by.  Our
minds are warped to think that three stars is wounding the researcher
in any way.  To clarify: I was satisfied with the answer.  Anyone who
thinks I did Bobbie wrong is misguided.
Subject: Re: Class Action Suit against Home Depot
From: probonopublico-ga on 10 Jun 2006 21:40 PDT
 
We are NOT in college!

And anyone who thinks that we are should get real.
Subject: Re: Class Action Suit against Home Depot
From: ussoldier-ga on 11 Jun 2006 16:08 PDT
 
Somehow I think that your comeback lacks substance, probono.  But
fine, I'll get real...

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