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