Presentation for Panel on Sexual Harassment at Work: Can Legal Remedies Change Employer Practices? July 19, 2011 Cynthia Deitch George Washington University.

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Presentation transcript:

Presentation for Panel on Sexual Harassment at Work: Can Legal Remedies Change Employer Practices? July 19, 2011 Cynthia Deitch George Washington University

Background on the IWPR Consent Decree Research Project Collaboration of IWPR with Evelyn Murphy of WAGE in Boston Funded by the Ford Foundation Examined 500+ sex and/or race discrimination consent decrees (Ariane will discuss this database) In depth examination of a small number of cases with innovative remedies Interviews with 40+ attorneys and others who negotiate, monitor, or implement employment discrimination consent decrees. The IWPR report is not only about sexual harassment; however, the majority of the sex discrimination decrees and 2 of our 4 in-depth case studies were for sexual harassment lawsuits.

Beck v. Boeing EEOC v. Austin Decoster Kosen v. Amex Financial Services Neal v. DC Dept. of Corrections Sexual Harassment()() Pay/Promotion/ Hiring Mainly Black or Hispanic Workers SectorEngineeringAgribusinessFinanceCorrections Private or Public Sector Employer? Private Public Duration of Decree EEOC or Private Attorney / Class Action Private Atty Class Action EEOCPrivate Atty Class Action Case Studies in the IWPR Consent Decree Project () Sexual harassment charges were not formally part of class certification, but were addressed in the consent decree.

Background on the IWPR Consent Decree Research Project Big question: Do consent decrees, as a resolution to employment discrimination lawsuits, lead to meaningful change likely to reduce race and gender inequality in the workplace?

What are Consent Decrees? Settlement agreements negotiated by the lawsuit parties Enforced by the court Public documents -- not confidential private agreements Include injunctive relief: employer policy and practice remedies to prevent discrimination Very few sexual harassment charges reach the litigation stage, but when they do, settlement is more common than going to trial.

Now we turn to: Neal v District of Columbia Department of Corrections (one of the few successful class action sexual harassment lawsuits) Plus some comparisons to two of the largest EEOC sexual harassment settlements: –EEOC v Mitsubishi Motors –EEOC v Dial Corporation

Elements of Effective Sexual Harassment Consent Decrees: Lessons from DCDOC, Dial, and Mitsubishi 1.Independent, external monitor was key in these cases Special Inspector at DCDOC, team of 3 monitors at Dial & Mitsubishi Monitors had adequate authority and resources 2.New complaint and investigation procedures Multiple avenues for reporting sexual harassment complaints; Timely, confidential responses to complaints; and Investigations by competent, trained, and objective investigators Supported by adequate resources 3.Real consequences for harassers 4.Protection of complainants against retaliation 5.Need for mechanisms and resources for continuing policies after the consent decree expires