Case: Tucker v. Walgreen Company
3:05-cv-00440 | U.S. District Court for the Southern District of Illinois
Filed Date: June 20, 2005
Closed Date: 2013
Clearinghouse coding complete
Case Summary
On June 20, 2005, several African American employees filed a putative class action racial discrimination lawsuit against their employer, the Walgreen Company [Walgreens], in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, ["Title VII"] and 42 U.S.C. § 1981. The plaintiffs alleged that Walgreens practiced nationwide systemic racial discrimination against its African-American management employees by: (1) denying African-Americans selection for entry level positions of Assistant Manager/Management Trainees; (2) denying promotions to African-American employees in retail and pharmacy career paths, and in district and corporate management; and (3) making store assignments to African-American management trainees, managers, and pharmacists by steering them into stores which fall into predominately African-American and/or lower income peer groups.
The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, and compensatory and punitive damages. The plaintiffs also sought class certification on behalf of all former, current, and future African-American management employees and applicants for management nationwide, as well as for current and former African-American pharmacists.
On September 22, 2006, the plaintiffs filed a second amended complaint, over defendant's objection. The defendant then moved to dismiss the plaintiffs' disparate impact claims and certain claims of a named plaintiff.
On December 4, 2006, following a hearing, the District Court (Judge G. Patrick Murphy) denied Walgreens' motion to dismiss.
At the request of the parties and the mediator Mr. Hunter Hughes, the District Court (Judge Murphy) issued a stay of the action for 60 days so that settlement negotiations could continue. The Stay was lifted on March 7, 2007 by Judge Murphy and the case was reset for a status conference on April 23, 2007.
Also on March 7, 2007, the EEOC filed a separate racial discrimination lawsuit against Walgreens in the U.S. District Court for the Southern District of Illinois. That case was styled EEOC v. Walgreen Company, 07-cv-00172-MJR-CJP [EE-IL-257 in the Clearinghouse -- linked under "related cases"]. On March 12, 2007, the EEOC filed a motion to consolidate the EEOC case with the Tucker v. Walgreen Company case.
The motion to consolidate was granted by Judge Murphy on April 23, 2007 and the parties to both cases were ordered to file all further pleadings in the Tucker case, Case No. 05-440-GPM-CJP. Judge Murphy also allowed another individual to intervene as a party plaintiff. She filed her Complaint in Intervention on April 26, 2007.
The District Court conditionally certified the Settlement Class on October 5, 2007 as "All African Americans who are or were employed by Walgreens in a Management Trainee, Executive Assistant Manager, Store Manager, Pharmacist, or Pharmacy Manager position for any length of time between June 20, 2001, and the Preliminary Approval Date."
On March 24, 2008, Judge Murphy approved a consent decree pursuant to which a settlement fund of $24,407,500 was established to be distributed among class members, representatives and to cover attorney fees and expenses. Additionally, the consent decree called for injunctive relief in the form of requiring Walgreen to abide by all applicable laws, to retain consultants to review its employment processes, to establish Promotional Benchmarks for the selection of African Americans, and to create a non-discrimination training program to all employees in relevant positions. The decree was scheduled to last (and be enforceable) for 5 years.
On Sept 21, 2011, Judge Murphy approved the parties' agreement that Walgreens reimburse the now closed Qualified Settlement Fund by making direct payments to the late-appearing class members whose shares were not paid previously because said class members did not surface until after the disbursement of the settlement funds.
There are no further docket entries. So presumably, the case closed as scheduled in 2013, five years after entry of the consent decree.
Summary Authors
David Miller (4/28/2010)
Sichun Liu (2/1/2019)
Related Cases
EEOC v. Walgeen Company, Southern District of Illinois (2007)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4754471/parties/tucker-v-walgreen-company/
Baller, Morris J. (California)
Baran, Andrea G. (Kansas)
Coopman, Amy L. (Missouri)
Barner, Rachel F. (Illinois)
Bateman, Paul E. (Illinois)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4754471/tucker-v-walgreen-company/
Last updated April 5, 2025, 11:27 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: June 20, 2005
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All African Americans who are or were employed by Walgreens in any Covered Position, for any length of time, between June 20, 2001, and the Preliminary Approval Date (start and end dates inclusive)
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Private Entity/Person
Walgreen Company
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Other Dockets:
Southern District of Illinois 3:05-cv-00440
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Follow recruitment, hiring, or promotion protocols
Goals (e.g., for hiring, admissions)
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Amount Defendant Pays: $24,407,500
Order Duration: 2008 - 2013
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discrimination Basis:
Affected National Origin/Ethnicity(s):
Affected Race(s):
EEOC-centric:
Private Suit Related / Consolidated with EEOC Suit
Case Summary of Tucker v. Walgreen Company, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9478/ (last updated 2/1/2019).