DRAFTING INJUNCTIONS FRCP 65(d) Contents and Scope of Every Injunction and Restraining Order. (1) Contents. Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detailand not by referring to the complaint or other documentthe act or acts restrained or required.

STATING REASONS WHY THE INJUNCTION ISSUED How specifically must reasons for the orders be stated? Is the following good enough? Based on the facts adduced at trial, B&Rs actions violate employment discrimination law, specifically Title VII of the Civil Rights Act of 1964, 42 USC '' 2000e2-2(a) & 2000e(k). No. Although it gives notice of the laws violated it gives the reader no idea of the actions that violated the law. What facts regarding Ds actions would you want in the injunction? Key: want enough facts to show the injunction is warranted and not too intrusive Note – a complete list of everything that happened is not necessary. Only need facts relevant to injunction. But some additional facts may be helpful to show culpability, etc. and to strengthen courts decision to issue injunction of particular breadth

ADDITIONAL ISSUES RE FRCP 65S REQUIREMENT OF REASONS IN ORDERS Ripeness & Irreparable Injury Somewhere in your findings, indicate that the injunction is warranted because P has suffered irreparable injury and, if it a preventive injunction, that the action is ripe. The injunction need not be detailed on this point as much of that detail would have been covered at trial or stated in the opinion. You just want it stated. Statement that Ds actions violate the law. This seems obvious but, in addition to setting forth Ds actions, indicate that they violate specific statutes or constitute a tort, etc. There is no basis for an injunction if there is no law violation.

THE ACTUAL ORDER What does plaintiff want? Wants discrimination to stop and B&R prevented from engaging in it in the future - more on this in a minute Probably wants reinstatement Lots of people missed this one, which is understandable given the hostility between P&D. But remember this is possibly her only job opportunity at this level of seniority and she is entitled to it. Plus an order of reinstatement gives her a lever re damages settlement in future. How should we draft the reinstatement provision to ensure D doesnt wiggle out of its obligations?

THE ORDER – PREVENTING FUTURE DISCRIMINATION Are the following provisions good enough? B&R shall not discriminate against any employee in violation of 42 USC '' 2000e2-2(a) & 2000e(k). B&R is enjoined from engaging in the stated unlawful employment practices. Not really – they are obey the law orders, vague or incorporate other documents. And scope of first is way too broad both in terms of WHO is bound but also WHAT is prohibited Describing prohibited acts of discrimination with specificity: No discrimination at Glen Rose site against employees based on pregnancy, childbirth … No actions toward P designed to or w/ reasonable effect of causing her to resign (due to pregnancy?) Treat P and class members the same way it treats other similarly temporarily disabled workers

SOME THOUGHTS ON OTHER POSSIBLE PROVISIONS THAT APPEARED IN THE INJUNCTIONS Some of your injunctions had additional requirements. Could think of some of those as prophylactic or ancillary requirements. Others may simply have gone too far. 1)Posting notice re requirements of PDA in conspicuous place on premises 2)Managers/employees of Glen Rose site attend EEOC employment discrimination training 3)Contempt sanctions for violations (of varying degrees of severity) 4)Establish a methodology for employee termination/resignation that allows employees to appeal & claim constructive termination 5)Establish review system when employees job duties are reassigned 6)Officers and Directors of B&R attend EEOC employment discrimination training 7)Provide pregnant employees with reasonable maternity leave & reinstatement afterwards 8)Prohibitions of gender-based discrimination under Title VII by B&R generally