Jock,
et al. v. Sterling Jewelers Inc.:
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. On September 23, 2008, the EEOC
filed a lawsuit against Sterling Jewelers Inc.
in the Western District of New York alleging that
"Sterling Jewelers Inc. pays its female retail
sales employees less than male employees performing
substantially equal work and denies female employees
promotional opportunities for which they are qualified."
You may download a copy of the EEOC's Complaint
in that lawsuit by clicking on the tab below.
The
the parties have selected an arbitrator, the Honorable
Kathleen A. Roberts, a former United States Magistrate
Judge in the Southern District of New York. 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 (Jenny Yang),
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 COMPLAINT |
