Understanding EEOC Consent Decrees Under Title VII

Understanding Consent Decrees from the Equal Employment Opportunity Commission Regarding Title VII of the Civil Rights Act of 1964 Violations The federal Equal Employment Opportunity Commission (“EEOC”) takes Title VII violations seriously. Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the EEOC prohibits employers from discrimination based on race, color, national origin, religion, and sex. In 1986, the U.S. Supreme Court unanimously ruled in Meritor Savings Bank v. Vinson that sexual harassment violates Title VII. The court defined sexual harassment as an illegal form of discrimination. Specifically, the court found that Congress’s legislative intent was “to strike at the entire spectrum of disparate treatment of men and women in employment” (Meritor Savings Bank v. Vinson, 477 U.S. 57, 1986). To avoid liability under Title VII’s hostile environment prong, an employer must prove it exercised reasonable care to prevent and promptly correct any sexually harassing behavior. When an employee files a complaint, the employer cannot retaliate against the complainant or anyone who participates in an investigation or lawsuit concerning sexual harassment. When the EEOC receives a credible complaint, it may pursue legal action that includes a consent decree. A consent decree is a written agreement between the parties and the EEOC. It spells out a training plan, compensation to plaintiffs, mandated reporting requirements, and the EEOC’s role in supervising the employer for a set period to ensure successful completion of the conditions. These decrees are legally binding and carry significant penalties if neglected or ignored. At the conclusion of an extensive investigation, the EEOC may allege the employer and others subjected employee(s) to a sexually hostile workplace, abusive conduct, or other severe or pervasive conduct that violates Title VII. To resolve all litigation and further action, the EEOC may offer a consent decree that details the actions and training the defendants must take, plus any restitution mandated by the order. For Title VII consent decrees, the EEOC writes several components into the agreement: the scope of the decree, injunctive relief, monetary relief, anti-discrimination policy and dissemination, mandated training, semi-annual or annual reporting requirements to the EEOC, and other miscellaneous actions. Each component carries extensive conditions that require planning and monitoring from the employer. Take the anti-discrimination policy and dissemination component. It requires the employer to modify its current policy or adopt one directly from the EEOC, notify all employees of its contents, and post it in a conspicuous place within the workplace. The mandated training is intensive. It must be created by an approved Title VII training specialist (Compliance Training Group qualifies), with specific durations for each employee group. Typically, no less than four hours of training for all management and supervisory personnel, plus any employee who processes, investigates, reviews, or makes decisions on complaints of discrimination or sex-based harassment. All other regular, non-supervisory employees usually take two hours, requiring at least four hours of content total across both staff types. The content requires extensive explanations of Title VII law, including prohibitions on sex-based harassment. It must include examples of the different forms and types of harassment, interaction between employees and the trainer, and a couple of scenarios so employees fully grasp the concepts. Another training component must spell out how employees can report harassment, the procedures the employer will take to investigate the complaint, the corrective action, and the prohibitions against retaliation when an employee files a complaint. Training must include printed materials for each employee containing the company’s harassment policy, how to file a complaint, and EEOC contact information. The EEOC mandates the training be completed within 60 days of the entry of the consent decree, with retraining required annually for the duration of the order. The final piece requires the employer to provide semi-annual or annual written reports to the EEOC identifying all complaints covered under Title VII. This in-depth report includes, at minimum: a complete copy of the original complaint, contact information for each complainant, contact information for witnesses identified in the investigation, all persons allegedly involved in the reported discriminatory behaviors or abusive conduct, a detailed description of all action taken in response to each complaint (including copies provided to the complainant and the alleged perpetrator), and a certification, taken under penalty of perjury, that the record is accurate and complete. Compliance Training Group has extensive experience working with the EEOC as a Title VII specialist. We create mandated training and work closely with clients to successfully complete the consent decree.