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EEOC Consent DecreesEEOC
Consent decrees most often are relevant in settlements in federal lawsuits to which EEOC is a plaintiff. The settlement will generally take the form of a consent decree, which is submitted to the court for their approval. A consent decree is a public record that addresses the specific items of the lawsuit and introduces policies and EEOC reporting requirements aimed at preventing future discrimination within the company. Generally, when the consent decree is being negotiated, the monetary amounts are agreed to first and the remaining provisions relating to policies, posting requirements and any training requirements are negotiated after the monetary settlement is finalized.

The consent decree will also include training a requirement for employment discrimination training on the subject matter of the lawsuit. Who performs the training is negotiable and such training can be done in-house or by an outside vendor, as negotiated in the consent decree. The duration of a consent decree is generally one to five years and the training will frequently need to be performed on a yearly basis for the duration of the consent decree.

Although companies elect to perform the training in-house on certain occasions believing it to be easier and more cost-effective, this is a short-term response to a long-term concern. As it stands, corporate counsel and human resources professionals are better utilized spending their time on other projects. If litigation should be brought by someone who attended in-house training, that employee or corporate counsel becomes a material witness in the litigation and frequently is wearing many “hats,” i.e., investigator, trainer and manager.

If your company has negotiated a consent decree through the EEOC or as a settlement to a federal case, Attorney Collum has the experience to assist you in all phases of your company’s compliance, including, but not limited to:

1. Timely organization and reporting of the training sessions and make-up session to the EEOC;
2. Review/drafting of employment policies as required by the EEOC;
3. Occasional required reporting of complaints of discrimination/harassment;
4. Assistance with EEOC approval of proposed training program; and
5. Employee attendance verification and requirements.

If your company is required to perform EEOC consent decree training, Attorney Collum would be happy to assist you and provide you a customized quote for his services. Please contact Mr. Collum by telephone at (330) 494-4877 or by e-mail at jcollum@harassmentcontulting.com.

 

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