59 Fair empl.prac.cas. (Bna) 1222, 59 Empl. Prac. Dec. P 41,729 Equal Emp. Opportunity Comm'n v. Delight Wholesale Co., Equal Emp. Opportunity Comm'n v. Delight Wholesale Co., 973 F.2d 664 (8th Cir. 1992). · Go Syfert
59 Fair empl.prac.cas. (Bna) 1222, 59 Empl. Prac. Dec. P 41,729 Equal Emp. Opportunity Comm'n v. Delight Wholesale Co., Equal Emp. Opportunity Comm'n v. Delight Wholesale Co., 973 F.2d 664 (8th Cir. 1992). Cases Citing This Book View Copy Cite
“he district court properly tolled the back pay award during the period between each voluntary quit and her next full-time permanent position.”
151 citation events (82 in the last 25 years) across 29 distinct courts.
Strongest positive: Sanderson v. Leg Apparel LLC (nysd, 2024-03-01)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Sanderson v. Leg Apparel LLC (2×) also: Cited "see, e.g."
S.D.N.Y. · 2024 · quote attribution · 1 verbatim quote · confidence low
he district court properly tolled the back pay award during the period between each voluntary quit and her next full-time permanent position.
discussed Cited as authority (rule) EEOC v. BNSF Railway Company (2×)
8th Cir. · 2025 · confidence medium
The EEOC brought a “sweeping employment-discrimination suit . . . against CRST, one of the country’s largest interstate trucking companies.” Id. at 665.
discussed Cited as authority (rule) Pearson v. Royal Canin USA, Inc.
D.S.D. · 2023 · confidence medium
Because it is not unreasonable to predict such a development—given the Eighth Circuit’s favorable treatment of Brady on related grounds, Delight Wholesale Co., 973 F.2d at 670, permitted discovery under this section includes not only the question of voluntariness, but also, in the event Mr. Pearson’s termination was indeed involuntary, the employer’s justification.
discussed Cited as authority (rule) Anthony Slayden v. Center for Behavioral Medicine (2×) also: Cited "see, e.g."
8th Cir. · 2022 · confidence medium
And none of allegedly retaliatory actions he did testify to are “like or related to the substance of the allegations in the charge,” nor can they be “reasonably . . . expected to grow out of the investigation triggered by the charge.” Delight Wholesale Co., 973 F.2d at 668. “[I]t is well established that retaliation claims are not reasonably related to underlying discrimination claims.” Wallin v. Minn. Dep’t of Corr., 153 F.3d 681 , 688–89 (8th Cir. 1998) (plaintiff had not exhausted his retaliation claim when he claimed the retaliation was in response -5- to internal discrimin…
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. CRST Van Expedited, Inc. (2×)
8th Cir. · 2012 · confidence medium
The EEOC's aforementioned conduct demonstrates that it did not reasonably investigate the class allegations of sexual harassment "during a reasonable investigation of the charge." Delight Wholesale Co., 973 F.2d at 668.
discussed Cited as authority (rule) Remcey Peeples v. Crst Van Expedited, Inc.
8th Cir. · 2012 · confidence medium
The EEOC's aforementioned conduct demonstrates that it did not reasonably investigate the class allegations of sexual harassment "during a reasonable investigation of the charge." Delight Wholesale Co., 973 F.2d at 668.
discussed Cited as authority (rule) Johnson v. Spencer Press of Maine, Inc. (2×)
1st Cir. · 2004 · confidence medium
Although the district court did not explicitly endorse, or even give reasons for, such a rule, its holding necessarily relied on this supposition of law. 12 We hold that this was error. 52 In fact, at least two circuit courts have found that back pay awards can accrue for periods after an employee is terminated from an "employer B" when the job at "employer B" was serving to mitigate damages arising from discriminatory conduct by "employer A." See Delight Wholesale, 973 F.2d at 670 (back pay period was temporarily tolled after plaintiff voluntarily quit for personal reasons and began to run on…
examined Cited as authority (rule) Baker v. John Morrell & Co. (3×) also: Cited "see"
N.D. Iowa · 2003 · confidence medium
E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664, 670 (8th Cir.1992).
examined Cited as authority (rule) Equal Employment Opportunity Commission v. American Home Products Corp. (4×) also: Cited "see"
N.D. Iowa · 2001 · signal: cf. · confidence medium
Cf. Delight Wholesale Co., 973 F.2d at 668 (“The permissible scope of an EEOC lawsuit is not confined to the specific allegations in the charge; rather, it may extend to any discrimination like or related to the substance of the allegations in the charge and which reasonably can be expected to grow out of the investigation triggered by the charge.”).
cited Cited as authority (rule) 78 Fair empl.prac.cas. (Bna) 1844, 74 Empl. Prac. Dec. P 45,685 Excel Corporation, Appellant/cross-Appellee v. Kristine Bosley, Appellee/cross-Appellant
8th Cir. · 1999 · confidence medium
Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 670 (8th Cir.1992).
discussed Cited as authority (rule) Kristine Bosley v. Excel Corp. (2×)
8th Cir. · 1999 · confidence medium
Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 670 (8th Cir.1992).
discussed Cited as authority (rule) Hawkins v. 1115 Legal Service Care
2d Cir. · 1998 · confidence medium
Similarly, a claimant who voluntarily resigned from comparable employment for personal reasons would not have adequately mitigated damages, but “a voluntary quit does not toll the back pay period when it is motivated by unreasonable working conditions or an earnest search for better employment.” Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 670 (8th Cir.1992).
discussed Cited as authority (rule) Hawkins v. 1115 Legal Service Care
2d Cir. · 1998 · confidence medium
Similarly, a claimant who voluntarily resigned from comparable employment for personal reasons would not have adequately mitigated damages, but "a voluntary quit does not toll the back pay period when it is motivated by unreasonable working conditions or an earnest search for better employment." Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 670 (8th Cir.1992).
examined Cited as authority (rule) Margaret Nichols v. American Natl. Ins. (3×) also: Cited "see"
8th Cir. · 1998 · confidence medium
Philipp v. ANR Freight Sys., Inc., 61 F.3d 669, 676 (8th Cir. 1995); Delight Wholesale Co., 973 F.2d at 668.
examined Cited as authority (rule) Margaret NICHOLS, Plaintiff-Appellant, v. AMERICAN NATIONAL INSURANCE CO., Defendant-Appellee (5×) also: Cited "see"
8th Cir. · 1998 · confidence medium
Philipp v. ANR Freight Sys., Inc., 61 F.3d 669, 676 (8th Cir.1995); Delight Wholesale Co., 973 F.2d at 668.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Cherry-Burrell Corp. (2×) also: Cited "see"
8th Cir. · 1994 · confidence medium
Delight Wholesale Co., 973 F.2d at 669, 670. .
discussed Cited as authority (rule) 66 Fair empl.prac.cas. (Bna) 1749, 128 lab.cas. P 33,138 Equal Employment Opportunity Commission, Plaintiff/appellee/cross-Appellant, and Sharon Hamblin, Plaintiff-Intervenor/appellee v. Cherry-Burrell Corp., Defendant/appellant/cross-Appellee (2×) also: Cited "see"
8th Cir. · 1994 · confidence medium
He also testified, contrary to an earlier deposition, that "seniority was not the primary criteria [sic]." 4 Delight Wholesale Co., 973 F.2d at 669, 670 5 We are not certain whether the district court made any determination about mitigation of damages in the post-termination award.
examined Cited as authority (rule) Charles R. TART, Plaintiff-Appellant, v. HILL BEHAN LUMBER COMPANY, a Missouri Corporation, Defendant-Appellee (3×) also: Cited "see", Cited "see, e.g."
8th Cir. · 1994 · confidence medium
See, e.g., Williams, 21 F.3d at 223 (holding a 1987 charge of race discrimination was separate and distinct from a 1990 claim of retaliation); Boge v. Ringland-Johnson-Crowley Co., 976 F.2d 448, 451 (8th Cir.1992) (holding that discriminatory layoff is not like or reasonably related to a separate and much later alleged discriminatory termination); Delight, 973 F.2d at 669 (holding that constructive discharge and wage discrimination claims, discovered during the EEOC investigation and included in its conciliation procedure, were sufficiently like or related to discriminatory demotion); Anderson…
cited Cited "see" Edelstein v. Stephens
S.D. Ohio · 2024 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir. 1992); Thurston Motor, 753 F.2d at 1278 .
cited Cited "see" Silos v. Union Pacific Railroad Co.
D. Neb. · 2023 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir. 1992) (citations omitted). 2 Dated this 2nd day of October, 2023.
discussed Cited "see" Williams v. H & H Auto Parts, LLC
D. Neb. · 2020 · signal: see · confidence high
See Sowell v. Alumina Ceramics, Inc., 251 F.3d 678, 683 (8th Cir. 2001) (citing EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir. 1992)) (holding same standard applies to Equal Pay Act and Title VII wage-discrimination claims).
cited Cited "see" Rita Foster v. BNSF Railway Company
8th Cir. · 2017 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 668-69 (8th Cir. 1992).
discussed Cited "see" Federal Election Commission v. Adams
C.D. Cal. · 2008 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992); 1 EEOC v. Keco Indus., Inc., 748 F.2d 1097, 1101-02 (6th Cir.1984) (“The district court should only determine whether the EEOC made an attempt at conciliation.
cited Cited "see" Lopez v. Aramark Uniform & Career Apparel, Inc.
N.D. Iowa · 2006 · signal: see · confidence high
See Delight Wholesale Co., 973 F.2d at 670; see also 42 U.S.C. § 2000e-5.
discussed Cited "see" Van Meter Industrial v. Mason City Human Rights Commission
Iowa · 2004 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir.1992) (affirming district court’s decision to use “the salary for the position comparable to the one the claimant was unlawfully denied” as the baseline to determine the back pay award); Stallworth v. Shuler, 777 F.2d 1431, 1435 (11th Cir.1985) (requiring defendant, who had discriminatorily failed to promote the claimant, to pay damages based on the highest salary paid to persons holding position denied the claimant); Grimes v. Athens Newspaper, Inc., 604 F.Supp. 1166, 1167 (M.D.Ga.1985) (measuring damages of female copy edit…
cited Cited "see" Robin Lawrence v. CNF Transportation
8th Cir. · 2003 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir. 1992).
cited Cited "see" Robin Lawrence v. Cnf Transportation, Inc.
8th Cir. · 2003 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992).
discussed Cited "see" Inglis v. Buena Vista University
N.D. Iowa · 2002 · signal: see · confidence high
A successful gender-based wage discrimination claim requires the plaintiff to prove that her employer pays different wages to employees of opposite sexes “for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.” Coming Glass Works v. Brennan, 417 U.S. 188, 195 , 94 S.Ct. 2223 , 41 L.Ed.2d 1 (1974) (Equal Pay Act); see ateo EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992) (holding that same standard applies to Equal Pay Act and Title VII wage-discrimination claims).
discussed Cited "see" Salveson v. Douglas County
Wis. · 2001 · signal: see · confidence high
Caudle v. Bristow Optical Co., 224 F.3d 1014, 1020 (9th Cir. 2000); Booker III v. Taylor Milk Co., 64 F.3d 860, 864 (3d Cir. 1995); see EEOC v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir. 1992); see also Albemarle Paper Co., 422 U.S. at 421 .
discussed Cited "see" Beckmann v. CBS, Inc.
D. Minnesota · 2000 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 668 (8th Cir.1992) (permissible scope of the lawsuit is not confined to specific allegations in the charge; rather, it may extend to any discrimination like or related to substance of allegations in charge and which reasonably can be expected to grow out of investigation triggered by charge).
cited Cited "see" Finical v. Collections Unlimited, Inc.
D. Ariz. · 1999 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir.1992) (cited in Def.’s Mot. at 12); Brady v. Thurston Motor Lines, Inc., 753 F.2d 1269, 1277 (4th Cir.1985) (same).
discussed Cited "see" Durham Life Insurance v. Evans (2×)
3rd Cir. · 1999 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 668, 670 (8th Cir.1992); cf. Gunby v. Pennsylvania Elec.
cited Cited "see" Rivera v. Baccarat, Inc.
S.D.N.Y. · 1999 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir.1992); Brady v. Thurston Motor Lines, Inc., 753 F.2d 1269, 1277 (4th Cir.1985).
discussed Cited "see" Herndon v. Wm. A. Straub, Inc.
E.D. Mo. · 1998 · signal: see · confidence high
No. 363, 154 F.3d 801, 803 (8th Cir.1998) (quoting EEOC v. Cherry-Burrell Corp., 35 F.3d 356 , 360 (8th Cir.1994)) (quoting McKee, 801 F.2d at 1019 ); see EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992) (quoting McKee, 801 F.2d at 1019 ); Floyd v. Kellogg Sales Co., 841 F.2d 226 , 229 n. 2 (8th Cir.) (same), cert. denied, 488 U.S. 970 , 109 S.Ct. 501 , 102 L.Ed.2d 537 (1988).
cited Cited "see" Dee LYOCH, Appellant, v. ANHEUSER-BUSCH COMPANIES, INC., Appellee
8th Cir. · 1998 · signal: see · confidence high
See Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 669 (8th Cir.1992).
cited Cited "see" Dee Lyoch v. Anheuser-Busch
8th Cir. · 1998 · signal: see · confidence high
See Equal Employment Opportunity Commission v. Delight Wholesale Co., 973 F.2d 664, 669 (8th Cir. 1992).
discussed Cited "see" 75 Fair empl.prac.cas. (Bna) 886, 72 Empl. Prac. Dec. P 45,079 Tommy E. Delph v. Dr. Pepper Bottling Co. Of Paragould, Inc., Also Known as Dr. Pepper-7up Bottling Company, Tommy E. Delph v. Dr. Pepper Bottling Co. Of Paragould, Inc., a Corporation, Doing Business as Dr. Pepper-7up Bottling Company
8th Cir. · 1998 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992). 14 "A constructive discharge occurs when an employer renders the employee's working conditions intolerable, forcing the employee to quit." Kimzey v. Wal-Mart Stores, Inc., 107 F.3d 568, 574 (8th Cir.1997).
cited Cited "see" Delph v. Dr. Pepper Bottling Co. of Paragould, Inc.
8th Cir. · 1997 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992).
cited Cited "see" Brekke v. City of Blackduck
D. Minnesota · 1997 · signal: see · confidence high
See, EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992) (Title VII); Kolstad v. Fairway Foods, Inc., 457 N.W.2d 728, 734 (Minn.App. 1990) (Section 181.67); Schiele v. Charles Vogel Mfg.
discussed Cited "see" Barbour v. Medlantic Management Corp.
D.D.C. · 1997 · signal: see · confidence high
See Delight Wholesale, 973 F.2d at 670 ; United States v. City of Chicago, 853 F.2d 572, 579 (7th Cir.1988); Brady, 753 F.2d at 1277; Oil, Chem. & Atomic Workers Int’l Union v. NLRB, 547 F.2d 598, 602-03 (D.C.Cir.1976); Sennello v. Reserve Life Ins.
discussed Cited "see" Francis L. Philipp, Appellant/cross-Appellee v. Anr Freight System, Inc., Appellee/cross-Appellant
8th Cir. · 1995 · signal: see · confidence high
See EEOC v. Delight Wholesale Co., 973 F.2d 664 , 668 (8th Cir.1992) (“The permissible scope of an EEOC lawsuit is not confined to the specific allegations in the charge; rather, it may extend to any discrimination ... which reasonably can be expected to grow out of the investigation triggered by the charge.”).
cited Cited "see" EEOC v. McDonnell Douglas Corp.
E.D. Mo. · 1995 · signal: see · confidence high
See, EEOC v. Delight Wholesale Co., 973 F.2d 664 , 670-71 (8th Cir.1992).
discussed Cited "see" 66 Fair empl.prac.cas. (Bna) 13, 65 Empl. Prac. Dec. P 43,344, 18 Employee Benefits Cas. 2408 Thomas Dean Smith, on Behalf of Himself and All Others Similarly Situated, Appellee/cross-Appellant v. World Insurance Company, Appellant/cross-Appellee
8th Cir. · 1994 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992); MacDissi, 856 F.2d at 1061 . 44 The district court denied prejudgment interest because the amount of backpay and front pay it awarded had made Smith whole.
cited Cited "see" Smith v. World Insurance
8th Cir. · 1994 · signal: see · confidence high
See E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992); MacDissi, 856 F.2d at 1061 .
discussed Cited "see, e.g." Brooks v. NVK Logistrics, Inc.
M.D. Penn. · 2025 · signal: see also · confidence low
Corp., 581 F.3d 73, 84 (3d Cir. 2009) (citing Loeffler v. Frank, 486 U.S. 549, 558 (1988)); see also Maverick Transp., 739 F.3d at 1157 (importing standards governing back pay awards issued pursuant to other antidiscrimination law, such as Title VII, to STAA claims) (citing E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir. 1992)); U.S. Dep’t of Lab. v. Copart, Inc., 431 F. App’x 758, 761 (10th Cir. 2011) (nonprecedential) (same).
discussed Cited "see, e.g." Esperance v. Vilsack
D.S.D. · 2023 · signal: see also · confidence low
See also E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 668 (8th Cir. 1992) (“The permissible scope of an EEOC lawsuit is not confined to the specific allegations in the charge; rather, it may extend to any discrimination like or related to the substance in prior Court opinions ... display the terminology employed when the Court's use of ‘jurisdictional’ was ‘less than meticulous.’ ” Jd. at 1849 n.4.
cited Cited "see, e.g." Laber v. United States Department of Defense
D. Kan. · 2022 · signal: see also · confidence low
Id.; see also E.E.O.C. v. Delight Wholesale Co., 973 F.2d 664 , 670 (8th Cir. 1992).
discussed Cited "see, e.g." Peniska v. Cj Foods Inc.
D. Neb. · 2021 · signal: see also · confidence low
See Sowell v. Alumina Ceramics, Inc., 251 F.3d 678, 684 (8th Cir. 2001) (finding no prima facie case of wage discrimination under Title VII of the Civil Rights Act of 1964 where a female tool room worker made more than at least some male tool room workers); see also EEOC v. Delight Wholesale Co., 973 F.2d 664 , 669 (8th Cir.1992) (“Where, as here, the plaintiff raises a claim of unequal pay for equal work on the basis of sex, the standards are the same whether the plaintiff proceeds under Title VII or the Equal Pay Act.”).
discussed Cited "see, e.g." U.S. Equal Employment Opportunity Commission v. Farmers Insurance
E.D. Cal. · 2014 · signal: see also · confidence low
Goddard v. GEO Group Inc., 2012 WL 8667598 , at *8 (quoting E.E.O.C. v. Hearst Corp., 553 F.2d 579 , 580 (9th Cir.1977)); see also E.E.O.C. v. Delight Wholesale, 973 F.2d 664 , 668 (8th Cir.1992) (“The original charge is sufficient to support EEOC action ... for any discrimination stated in the charge or developed during a reasonable investigation of the charge, so long as the additional allegations of discrimination are included in the reasonable cause determination and subject to a conciliation proceeding.”); E.E.O.C. v. General Electric Co., 532 F.2d 359, 366 (4th Cir.1976) (“evidence…
Retrieving the full opinion text from the archive…
59 Fair empl.prac.cas. (Bna) 1222, 59 Empl. Prac. Dec. P 41,729 Equal Employment Opportunity Commission
v.
Delight Wholesale Company, Equal Employment Opportunity Commission v. Delight Wholesale Company
91-3661.
Court of Appeals for the Eighth Circuit.
Aug 25, 1992.
973 F.2d 664

973 F.2d 664

59 Fair Empl.Prac.Cas. (BNA) 1222,
59 Empl. Prac. Dec. P 41,729
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee,
v.
DELIGHT WHOLESALE COMPANY, Appellant.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant,
v.
DELIGHT WHOLESALE COMPANY, Appellee.

Nos. 91-3661, 91-3786.

United States Court of Appeals,
Eighth Circuit.

Submitted June 10, 1992.
Decided Aug. 25, 1992.

Roland B. Miller, III, Kansas City, Mo., argued (Jack D. Rowe, on the brief), for appellant.

Lamont N. White, Washington, D.C., argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

HENLEY, Senior Circuit Judge.

[*~664]1

Delight Wholesale appeals from the final judgment of the district court,[1] which held Delight liable for violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and awarded back pay to the victim of the unlawful sex discrimination, Carol Childers. EEOC cross-appeals, challenging a deduction from the back pay award and the district court's refusal to award prejudgment interest. We affirm.

2

Delight Wholesale Company (Delight) distributes ice cream products on the wholesale level. Delight has nineteen offices nationwide and a corporate headquarters in Kansas City, Missouri. During the time period at issue in this litigation, approximately ninety per cent of the company's sales were wholesale "vending sales" to vendors, who sold the products at retail from ice cream trucks. Delight's remaining ice cream sales, "non-vending sales," were to schools, convenience stores, snack bars and a few others.

3

Delight's Kansas City Branch Manager, William Foley, hired Carol Childers on January 22, 1986. Childers served as a sales representative for a line of cookies that had been added to the non-vending sales program. Her starting pay was $150.00 per week, plus a modest commission and a car allowance. She received a raise to $175.00 per week on April 6, 1986. Childers did not have an office. She handled most of her sales responsibilities by working out of her car. Childers's sales increased steadily throughout the period of her employment.[2] She never received any criticism of her job performance.

4

In the spring of 1986, Delight formed a separate division for non-vending or "single unit" sales (SUS). When Childers reported to work on May 5, 1986, Foley introduced her to Mike White and informed her that White would be the manager of SUS sales. Foley told Childers that she was to work as White's assistant and train him for his new job. According to the testimony of Lana Henderson, one of Delight's owners, James Gross, stated that White had been hired because the company felt that it needed a man to perform the SUS job. Foley and Gross knew White from the company softball team. They interviewed him at a neighborhood sports bar.

5

White's starting salary was $300.00 per week, plus a weekly gas allowance of $25.00 and a two per cent commission. Childers's salary increased to $210.00 per week, but she no longer received a commission. They were assigned to an office above a garage. The office had no water or toilet facilities. Childers testified that the office was dirty and smelly and that she frequently saw a rat.

6

Childers filed a sex discrimination charge with the Kansas City office of the Equal Employment Opportunity Commission (EEOC) on May 6, 1986. She alleged that she had been demoted from sales manager to assistant sales manager because of her sex. Delight received notice of the charge on May 13, 1986. On May 20, 1986, Foley revoked Childers's gas allowance and directed her not to make any more sales calls. Childers testified that people stopped speaking to her at work and her office key was taken away. Mechanics started locking the bathroom downstairs when they completed their work day in the early afternoon, so that she had to leave the premises in order to go to the bathroom. The mechanics also removed a cooler in which they had permitted Childers to store cold drinks.

7

Childers resigned on June 6, 1986. On June 12, 1986, she began working as the manager of a former client, King's Grocery Store. Her salary at King's was $553.85 every two weeks. Childers handled all aspects of the store's operations, frequently working from 3:00 a.m. to 7:00 p.m. or later. She resigned on August 6, 1986, claiming mental and physical exhaustion and the absence of meaningful time with her daughter.

8

Childers then held five temporary jobs before securing full-time employment as a beautician at St. Mary's Manor, a nursing home, on July 1, 1987. Her starting wage at St. Mary's was $5.50 per hour. She received a raise to $6.00 per hour after six months. In August 1988, St. Mary's decided to operate the beauty shop on a commission lease basis. After concluding that she would not earn as much money as she had earned at an hourly wage, Childers rejected the lease arrangement. She quit her job at St. Mary's on August 15, 1988.

9

In March 1989, Childers opened a beauty shop as a partner with another woman. In May 1990, Childers was having difficulty making ends meet. She sold her share in the shop to her partner. On June 12, 1990, Childers began work as a security officer for Pinkerton's. Her starting salary of $4.75 per hour was eventually increased to $4.90 per hour. Childers quit the Pinkerton's job on October 4, 1990, because she had developed heart problems. On December 1, 1990, Childers began employment at the Stadium Inn at the rate of $300.00 per week.[3]

10

Delight responded to Childers's charge and EEOC's written request for information on June 4, 1986. EEOC notified Delight on December 16, 1987 that the charge had been transferred to the Detroit office for investigation. The Detroit office requested additional information on December 12, 1988. Delight complied. On February 14, 1989, EEOC requested more information and requested that Delight settle. EEOC notified Delight on March 9, 1989 that Childers's case raised issues of constructive discharge and wage discrimination.

11

The Detroit office issued a Determination Letter on August 15, 1989, stating that its investigation had revealed evidence that Childers's allegations of discrimination were true. The Determination Letter mentioned evidence of wage discrimination and constructive discharge. After conciliation efforts failed, EEOC filed suit under Title VII in January 1990 alleging that Delight unlawfully discriminated against Childers on the basis of her sex. It was charged that Delight's unlawful practices included unequal pay for equal work, demotion, failure to promote and constructive discharge.

12

The district court tried the case before an advisory jury. See Fed.R.Civ.P. 39(c). After the jury answered special interrogatories, the district court adopted the jury's findings. The court found: Delight (1) unlawfully demoted Childers on the basis of her sex; (2) paid Childers less for substantially the same work performed by a man, and (3) constructively discharged Childers on the basis of her sex. EEOC v. Delight Wholesale Co., 765 F.Supp. 583, 586 (W.D.Mo.1991). The district court awarded Childers $58,765.28 in back pay[4] and ordered Delight to post a notice that it would not discriminate. Id. at 593. The district court denied EEOC's request for prejudgment interest, reinstatement, front pay and other relief. Id.

13

The court based Childers's back pay award upon her " 'comparative' salary," the wage she would have earned but for the discrimination. Id. at 588. It was held that Childers's comparative salary was the salary paid the SUS manager. The back pay award was to begin with the date of her demotion, May 5, 1986. Id.

14

Childers's back pay award was reduced by her actual earnings during her post-Delight employment as well as by the amount that she would have earned had she not voluntarily quit her jobs at King's and Pinkerton's. Id. at 589-91.[5] The district court also found that Childers had not voluntarily quit her job at St. Mary's; rather, she made a reasonable business decision to turn down a substantially different job. Id. at 590. Accordingly, no deduction was made from the back pay award for the amount she could have earned had she remained at the nursing home. Id.

15

After an unsuccessful motion to alter and amend the judgment, Delight appealed.

16

Delight first asserts that EEOC's allegations of pay discrimination and constructive discharge were not properly before the district court because they were not contained in the charge filed by Childers. We disagree.

17

The permissible scope of an EEOC lawsuit is not confined to the specific allegations in the charge; rather, it may extend to any discrimination like or related to the substance of the allegations in the charge and which reasonably can be expected to grow out of the investigation triggered by the charge. Nealon v. Stone, 958 F.2d 584, 590 (4th Cir.1992) (citations omitted); Satz v. ITT Financial Corp., 619 F.2d 738, 741 (8th Cir.1980); EEOC v. Brookhaven Bank & Trust Co., 614 F.2d 1022, 1024 (5th Cir.1980) (quoting Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970)). The original charge is sufficient to support EEOC action, including a civil suit, for any discrimination stated in the charge or developed during a reasonable investigation of the charge, so long as the additional allegations of discrimination are included in the reasonable cause determination and subject to a conciliation proceeding. Brookhaven, 614 F.2d at 1025; EEOC v. General Elec. Co., 532 F.2d 359, 366 (4th Cir.1976) (footnote omitted).

18

Here, the original charge alleged only discriminatory demotion. However, in the course of its reasonable investigation of this allegation, EEOC uncovered evidence of constructive discharge and wage discrimination. The constructive discharge and wage discrimination claims are clearly like or related to the substance of the EEOC charge. E.g., Satz, 619 F.2d at 741-42. Furthermore, EEOC included the allegations of constructive discharge and wage discrimination in its reasonable cause determination on August 15, 1989. EEOC gave Delight an opportunity to conciliate all three allegations. Thus, all three claims were properly before the district court. Nealon, 958 F.2d at 590; Satz, 619 F.2d at 741-42; Brookhaven, 614 F.2d at 1025; General Electric, 532 F.2d at 366.

19

Delight next contends, with respect to the allegations of employment discrimination, that EEOC failed to meet its burdens of proof under Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 252-54, 101 S.Ct. 1089, 1092-94, 67 L.Ed.2d 207 (1981), and McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The district court's factual findings are reviewed only for clear error. Fed.R.Civ.P. 52(a); see, e.g., Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985); Ingram v. Missouri Pac. R.R. Co., 897 F.2d 1450, 1454-55 (8th Cir.1990). From our review of the record, including the transcript, we conclude that the district court's findings are not clearly erroneous.

20

Delight also asserts that EEOC failed to come forward with sufficient evidence of constructive discharge. We disagree. The district court did not clearly err by finding that Delight deliberately created an intolerable work place with the intent of causing Childers to resign. Johnson v. Bunny Bread Co., 646 F.2d 1250, 1256 (8th Cir.1981) (citation omitted); see, e.g., Hervey v. City of Little Rock, 787 F.2d 1223, 1231 (8th Cir.1986); Taylor v. Jones, 653 F.2d 1193, 1199 (8th Cir.1980).

21

Delight further alleges that EEOC failed to present sufficient evidence to support the finding of wage discrimination. Delight asserts that White and Childers did not perform equal work because White assumed the newly created position of SUS manager.

22

Where, as here, the plaintiff raises a claim of unequal pay for equal work on the basis of sex, the standards are the same whether the plaintiff proceeds under Title VII or the Equal Pay Act. McKee v. Bi-State Dev. Agency, 801 F.2d 1014, 1019 (8th Cir.1986). The plaintiff must prove that the employer pays different wages to employees of opposite sexes for " 'equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.' " Id. at 1019 (quoting Corning Glass Works v. Brennan, 417 U.S. 188, 195, 94 S.Ct. 2223, 2228, 41 L.Ed.2d 1 (1974)). We accord great weight to the district court's factual findings and review only for clear error. McKee, 801 F.2d at 1020; Orahood v. Board of Trustees, 645 F.2d 651, 654 (8th Cir.1981); Johnson v. Nordstrom-Larpenteur Agency, Inc., 623 F.2d 1279, 1281 (8th Cir.1980).

23

The district court found that Delight paid Childers less than it paid a man for substantially the same work. Delight, 765 F.Supp. at 586. The testimony and evidence presented at trial indicated that White and Childers performed substantially equal work. On the record as a whole, we conclude that the district court did not clearly err.

24

Delight raises other somewhat related challenges to the district court's computation of the back pay award. First, Delight maintains that the district court should have reduced or eliminated the back pay award due to EEOC's three and one-half year delay in bringing suit. Delight contends that the delay prejudiced its defense.

25

The district court has broad equitable discretion to fashion back pay awards in order to make the Title VII victim whole. See Franks v. Bowman Transp. Co., Inc., 424 U.S. 747, 763, 96 S.Ct. 1251, 1263, 47 L.Ed.2d 444 (1976); King v. Staley, 849 F.2d 1143, 1144 (8th Cir.1988). Once the trial court found unlawful sex discrimination in violation of Title VII, there was a strong presumption that Childers was entitled to a back pay award on the basis of what she would have earned absent the discrimination, less any amount she could have earned in mitigation. King, 849 F.2d at 1144-45; DiSalvo v. Chamber of Commerce, 568 F.2d 593, 597 (8th Cir.1978). The district court noted that Delight "presented considerable evidence at trial, without indicating that a key witness or important evidence was unavailable." Delight, 765 F.Supp. at 587. In the circumstances, it was not abuse of discretion for the court then to conclude that Childers should not be deprived of make-whole compensation due to EEOC's delay. Cf. Washington v. Kroger Co., 671 F.2d 1072, 1078 (8th Cir.1982) (approving award of prejudgment interest despite almost eleven year delay by EEOC in bringing suit).

26

Delight also contests the back pay award on the grounds that the district court should have computed Childers's baseline Delight pay on the basis of her pay at termination, and not on the basis of the comparative salary of the SUS manager. The district court not improperly determined that "the back pay award should be based on the salary for the position comparable to the one the claimant was unlawfully denied." Delight, 765 F.Supp. at 588 (citing King, 849 F.2d at 1145). Absent Delight's unlawful discrimination, Childers would have earned the salary paid the males who assumed the position of SUS manager.

27

Finally, Delight contends that the district court should have greatly reduced or eliminated the back pay award to account for Childers's failure to exercise reasonable diligence to mitigate damages. 42 U.S.C. § 2000e-5(g) (1988); see also Ford Motor Co. v. EEOC, 458 U.S. 219, 231, 102 S.Ct. 3057, 3065, 73 L.Ed.2d 721 (1982) (statutory duty to mitigate requires Title VII claimants to use reasonable diligence in finding other suitable employment).[6] We disagree.

28

A Title VII claimant has a duty to mitigate damages by exercising reasonable diligence to locate other suitable employment and maintain a suitable job once it is located. Brady v. Thurston Motor Lines, Inc., 753 F.2d 1269, 1277 (4th Cir.1985) (citing Ford Motor, 458 U.S. at 231, 102 S.Ct. at 3065); see also 42 U.S.C. § 2000e-5 ("[i]nterim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable"). Although a claimant fails to mitigate damages by voluntarily quitting comparable interim employment for personal reasons, a voluntary quit does not toll the back pay period when it is motivated by unreasonable working conditions or an earnest search for better employment. Brady, 753 F.2d at 1277-78.

[*664]29

The record supports the district court's determination that Childers voluntarily quit King's and Pinkerton's for personal reasons, including her health and the need to spend more time with her daughter. Accordingly, the district court properly tolled the back pay award during the period between each voluntary quit and her next full-time permanent position. Brady, 753 F.2d at 1278; DiSalvo, 568 F.2d at 597-98. Similarly, the record indicates that Childers left her position at St. Mary's for non-personal business reasons that included a need to search for better-paying employment. Thus, the district court properly declined to toll the back pay award during the period between Childers's decision to leave St. Mary's and her next full-time permanent position. Brady, 753 F.2d at 1278. Finding no abuse of discretion in the manner in which the district court computed the back pay award, we reject Delight's claims of error.

[*~666]30

On cross-appeal, EEOC raises two questions. First, EEOC contends that the district court misconstrued Brady by reducing the back pay award by the amount Childers would have earned at King's until she found her next full-time position. EEOC asserts that no reduction should have been made because the district court found that Childers's decision to leave King's was reasonable. The district court unambiguously held that Childers voluntarily quit her job at King's for personal reasons. Delight, 765 F.Supp. at 589. Under Brady, therefore, the district court properly tolled the back pay period until Childers secured her next full-time position. Brady, 753 F.2d at 1278.

[*~669]31

EEOC next asserts that the district court erred by denying an award of pre-judgment interest. The decision to award or deny prejudgment interest will be upheld unless the district court has abused its discretion. EEOC v. Rath Packing Co., 787 F.2d 318, 333 (8th Cir.) (citation omitted), cert. denied, 479 U.S. 910, 107 S.Ct. 307, 93 L.Ed.2d 282 (1986); Washington v. Kroger Co., 671 F.2d 1072, 1078 (8th Cir.1982). After balancing Title VII's purpose of make whole relief against countervailing considerations, including EEOC's delay in bringing suit, Childers's unstable employment history and Delight's change in ownership, the district court concluded that back pay alone was sufficient to compensate Childers. Delight, 765 F.Supp. at 592. On these facts, we find no abuse of discretion.

[*~670]32

We affirm the judgment and award of back pay.

1

The Honorable Scott O. Wright, United States Senior District Judge for the Western District of Missouri

2

In January, she had sales of $109.00; $1951.98 in February; $4116.71 in March; and $6433.67 in April

3

Childers's employment history is set out in detail in Appendix A of the district court's opinion. See EEOC v. Delight Wholesale Co., 765 F.Supp. 583, 593-94 (W.D.Mo.1991)

4

The court subsequently amended its original order and awarded Childers $59,315.28 in back pay

5

It was found that Pinkerton's employed Childers for 40 hours per week at $4.90 per hour, but that there was no evidence of regular overtime pay. Thus, the award was offset by $196.00 per week for the period between October 4, 1990 and December 1, 1990

6

Delight says that Childers failed to mitigate damages when she voluntarily quit her job at King's for personal reasons. Delight argues that this voluntary quit tolls the back pay period during Childers's subsequent period of unemployment and entitles it to a credit for what Childers could have earned at King's, rather than a credit for her actual earnings from the jobs she held after she left the grocery store. Delight also asserts that the district court erred by holding that Childers quit her position at St. Mary's Manor for business reasons. Delight contends as well that the district court should have found that Childers worked 60 hours per week at Pinkerton's, not 40 hours