©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 67 Media Statement Upon Resolution. When a suit is resolved, typically through an agreed upon Consent Decree (but occasionally after confidential conciliation or a rare trial win), the EEOC will publish yet another media statement. The tone and content of this statement, however, can vary from extremely aggressive to fairly measured, and can even verge on “friendly.” The direction taken by the EEOC in this statement will depend largely on the resources devoted to the litigation, how contentious the litigation was, as well as whether the claims and allegations at issue align with the Commission’s strategic goals. Some insight into the Commission’s process can be found in the Regional Attorney’s manual.106 Notably, before the resolution of “significant litigation” a Regional Attorney is required to advise the Office of the General Counsel. The Commission defines “significant” to mean a lawsuit “expected to involve significant monetary or injunctive relief”; “a favorable jury verdict or court decision”; or resolution which “is likely to receive national or significant local attention due to the notoriety of the defendant, ongoing media interest in the lawsuit and/ or issues involved, or other factors that may have spurred significant media scrutiny.” Whether or not the litigation is deemed “significant” plays a role in the tone of the media release as well. The more resources expended, and the more closely aligned the claims are with the Commission’s strategic goals, the more likely the EEOC will publish an aggressive media statement. The hallmarks of such a statement will be not only the recitation of the most salacious of the allegations (often those that remain contested but offered as fact), but also a detailed description of the monetary and programmatic relief obtained in the Consent Decree. For example, in a representative matter involving an Illinois restaurant, the EEOC’s media statement set forth that “numerous employees … were routinely sexually harassed by coworkers and managers, including offensive sexual comments, groping, physical threats, and, in one instance, attempted forced oral sex with a management employee.” 107 The statement went on to detail the programmatic relief, followed by harsh admonishments from a Regional Attorney and District Director, specifically: “ Employers are responsible for preventing workplace harassment—and their failure to do so hurts both their employees and their bottom line,” said Andrea G. Baran, Regional Attorney for the EEOC’s St. Louis District. “Business owners and CEOs must be proactive and involved in making sure all managers and employees understand that harassment will not be tolerated, harassers will be punished, and those who report harassment will be protected from retaliation. Prevention starts at the top.” Moving down the spectrum, the Commission may take a more measured tone where the litigation is less protracted and the claims are not necessarily consistent with its strategic goals. For instance, in a recent ADA case settled by the EEOC concerning an employer’s alleged discriminatory termination of a disabled employee, which had been pending less than a year, the media statement provided few details concerning the claims brought.108 Further, after a short description of the programmatic relief contained in the lone statement of a Regional Attorney was far more benign: “ This settlement is both strong and just,” said Rudy Sustaita, regional attorney for the EEOC’s Houston District Office. “[The employer] has given us every indication that it intends to comply with the ADA in the future.” And on occasion, it will even boarder on “friendly”—including a statement of appreciation to the employer for its cooperation in resolving the litigation.109 In a suit brought in Wisconsin, filed and settled within five months, the Commission was quoted as stating: 106 U.S. Equal Employment Opportunity Commission, Dissemination of Information to the Public about Cases in Litigation, https://www.eeoc.gov/ regional-attorneys-manual/c-dissemination-information-public-about-cases-litigation. 107 Press Release, U.S. Equal Employment Opportunity Commission, Two IHOP Restaurants to Pay Nearly $1 Million to Settle EEOC Sexual Harassment Suit (July 19, 2018), https://www.eeoc.gov/newsroom/two-ihop-restaurants-pay-nearly-1-million-settle-eeoc-sexual-harassment-suit. 108 Press Release, U.S. Equal Employment Opportunity Commission, Otto Candies to Pay $165,000 to Resolve EEOC Disability Discrimination Suit (Aug. 23, 2018), https://www.eeoc.gov/newsroom/otto-candies-pay-165000-resolve-eeoc-disability-discrimination-suit. 109 Press Release, U.S. Equal Employment Opportunity Commission, Silverado to Pay $80,000 to Settle EEOC Pregnancy Discrimination Lawsuit (Jan. 29, 2018), https://www.eeoc.gov/newsroom/silverado-pay-80000-settle-eeoc-pregnancy-discrimination-lawsuit.
RkJQdWJsaXNoZXIy OTkwMTQ4