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Jock,
et al. v Sterling Jewelers Inc. (AAA Case No.11 160
00655 08):
Sterling
Jewelers Inc. maintains an alternative dispute resolution
program called the RESOLVE Program to reconcile workplace
disputes, including claims of discrimination. The RESOLVE
Program is a three-step process with the final step
resulting in arbitration of claims. On March 24, 2008,
fifteen women filed an arbitration demand with the American
Arbitration Association (“AAA”) in which
they allege that Sterling Jewelers has a pattern or
practice of discriminating against its female employees
in terms of pay and promotions and seek to arbitrate
their claims as a class action. On April 23, 2008, a
sixteenth plaintiff was added to the complaint who alleges
that she experienced pay and promotion discrimination
while employed as a district manager. Women from twenty
states have indicated an interest in joining this case
as of June 26, 2008. You may download a copy of the
arbitration complaint by clicking on the tab below.
In
the AAA arbitration, the female claimants seek back
pay, compensatory and punitive damages, reasonable attorney
fees and costs, and pre-post judgment interest on behalf
of themselves and all similarly situated female Sterling
employees who worked in Kay Jewelers, Jared the Galleria
of Jewelry, Marks and Morgan Jewelers, J.B. Robinson
Jewelers, LeRoy’s Jewelers, Osterman Jewelers,
Goodman Jewelers, Weisfield Jewelers, Shaws Jewelers,
Friedlanders Jewelers, Rogers Jewelers, or Belden Jewelers
in sales or management positions including women who
were employed as district managers. The female claimants
also seek to compel Sterling to modify its employment
practices, including the lack of job postings for management
positions, that they allege discriminate against female
employees.
In
the RESOLVE arbitration, the female claimants will pursue
Equal Pay Act wage claims on behalf of themselves and
other similarly situated female employees dating back
to February 27, 2003, if a willful violation of the
Equal Pay Act is established, or February 27, 2004,
if a willful violation is not established. In addition,
the claimants will pursue Title VII promotion and pay
claims on behalf of themselves and other similarly situated
female employees dating back at least two years prior
to the earliest filed EEOC charge, which would include
promotion and pay claims on or after May 18, 2003. If
the arbitrator finds that the claimants have established
a continuing pattern or practice of discrimination in
promotion and pay that began prior to May 18, 2003 and
continued into the charge filing period, claims could
be asserted for periods preceding May 18, 2003.
Sterling
has denied that it discriminates against female employees
in its pay and promotions practices and has indicated
that it will defend the arbitration.
Prior
to filing their demand for arbitration, each of the
fifteen women filed charges of discrimination with the
Equal Employment Opportunity Commission (“EEOC”).
On January 3, 2008, the EEOC issued a determination
finding that Sterling Jewelers subjected the fifteen
claimants and a nationwide class of female employees
with retail sales responsibilities to a pattern or practice
of sex discrimination in regard to promotion and compensation.
The EEOC’s investigation of Sterling’s employment
practices is continuing. You may download the EEOC’s
determination by clicking on the tab below.
We
anticipate that the parties will soon select an arbitrator
and begin the initial phase of the arbitration, which
includes determining whether the arbitration can proceed
as a class action. Therefore, it is very important that
individuals who have information about Sterling’s
employment practices call our co-counsel at Thomas A.
Warren Law Offices, P.L., toll-free at (866) 854-5152;
or Cohen Milstein Hausfeld & Toll (Sahar Aziz),
at (202) 408-4600; or contact Loren Donnell in our office
at (813) 253-2010 or send us an email by clicking on
our contact tab and providing your contact information
and where you worked for Sterling. We are interested
in speaking with former or current employees, both male
and female. (Please note that we are not ethically permitted
to discuss the case with current managers unless they
believe they have experienced or are experiencing gender
discrimination at Sterling).
DOWNLOAD
THE ARBITRATION COMPLAINT
DOWNLOAD
THE EEOC DETERMINATION
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