You Signed A Consent Decree. So Now What?

Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a "consent decree." A consent decree is a public record (which the agency will publicize on its website) that sets forth specific remedial measures an employer agrees to take as part of settling the dispute. Consent decrees typically include ongoing requirements such as mandated postings, trainings, or the implementation of new policies. While there are often monetary terms associated with settling a lawsuit filed by an agency, it is the consent decree itself and the affirmative conduct associated with that decree that is of real value to these agencies. This makes settling a suit brought by an agency very different from settling a private lawsuit in which money is usually the main motivator.