Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc.

MEMORANDUM **

In 1992, the Equal Employment Opportunity Commission (“EEOC”) sued the defendant, Wal-Mart Stores, Inc. (‘WalMart”), alleging that it wrongfully discriminated against Jamey Stern in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., when it refused to rehire her on the basis of her pregnancy. A jury subsequently found that WalMart intentionally discriminated against Stern and awarded her approximately $1700 in back pay and interest. The district court, however, ruled that the EEOC failed to present sufficient evidence to support an award of punitive damages and therefore refused to submit the issue of punitive damages to the jury. The EEOC appealed to this court. On September 24, 1998, we held that the EEOC had presented sufficient evidence of Wal-Mart’s malice or reckless indifference to support an award of punitive damages and therefore remanded for the district court to conduct a trial solely on the issue of punitive damages. See EEOC v. Wal-Mart Stores, Inc., 156 F.3d 989 , 992-93 (9th Cir.1998) [hereinafter EEOC I ].

In February 1999, the first punitive damages trial ended with a deadlocked jury and the district court declared a…