United States District Court, W.D. Michigan
HONORABLE PAUL L. MALONEY UNITED STATES DISTRICT JUDGE
action was brought by Plaintiff United States of America
(“United States”) against the Allegan Area
Educational Service Agency (“AAESA”) to enforce
the provisions of Title VII of the Civil Rights Act of 1964,
42 U.S.C. §2000e, et seq., as amended,
(“Title VII”), following the United States'
receipt from the Equal Employment Opportunity Commission
(“EEOC”) of charges of discrimination timely
filed by Plaintiff Intervenors (“Jane Doe 1 and Jane
Doe 2”) against AAESA. Jane Doe 1 and Jane Doe 2 have
intervened in the action, alleging violations of Title VII
arising from the same nucleus of facts as those alleged by
the United States. This Court has jurisdiction over this
action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C.
§§ 1331 and 1345.
Complaint, the United States alleges that AAESA discriminated
against Jane Doe 1 and Jane Doe 2 on the basis of sex by
subjecting them to sexual harassment and a hostile work
environment in violation of Title VII. The allegations of the
United States against AAESA are set forth in detail in its
Complaint. Jane Doe 1 and Jane Doe 2 allege similar
violations of Title VII in their complaint in intervention.
United States, AAESA, Jane Doe 1, and Jane Doe 2 (also
referred to collectively as the “Parties” and
singularly as “Party”), desiring that this action
be settled by this Consent Decree (“Decree”),
without the burdens and risks of protracted litigation, agree
that this Court has jurisdiction over the Parties to this
action. This Decree, being entered into with the consent of
the United States, AAESA, Jane Doe 1, and Jane Doe 2, shall
not constitute an adjudication or finding on the merits of
the case, nor be construed as an admission by AAESA.
Having examined the terms and provisions of this Decree, the
Court finds the following:
a. The Court has jurisdiction over the subject matter of and
the Parties to this action;
b. In resolution of this action, the Parties waive findings
of fact and conclusions of law on the merits of this case,
and further agree to entry of this Decree as a final and
binding agreement amongst them with regard to all claims
asserted in the United States' Complaint in this case.
resolution of this action, the Parties hereby AGREE to and
the Court expressly APPROVES, ENTERS, and ORDERS the
“Day” or “days” refer to calendar
days, not business days, unless otherwise stated.
“Date of Entry of this Decree” is the date on
which the Court enters this Decree as a final order of the
PURPOSES OF THE CONSENT DECREE
purposes of this Decree are to:
a. provide general, non-monetary remedies that ensure that
AAESA does not discriminate against any employee on the basis
of sex in violation of Title VII; and
b. provide remedies to Jane Doe 1 and Jane Doe 2.
GENERAL INJUNCTIVE & EQUITABLE RELIEF
AAESA shall not:
a. engage in any act or practice that discriminates against
any AAESA employee on the basis of sex in violation of Title
b. to the extent proscribed by Title VII, discriminate
against any person because that person participated in or
cooperated with the United States' investigation of
AAESA, participated in the litigation of this case,
complained about or opposed the challenged employment
practices, or received or sought relief or otherwise
benefitted under this Decree.
IMPLEMENTATION OF POLICY GOVERNING HARASSMENT
Within twenty days (20) days of the entry of this Decree,
AAESA will submit to the United States for review a copy of
its written policy governing harassment. If AAESA does not
have a written policy governing harassment, or if its
existing policy does not conform to the requirements set
forth in Paragraph 7, AAESA will draft or revise such policy
and submit the new or revised policy to the United States for
review within the same twenty (20)-day time period.
AAESA's policy governing harassment shall include, at a
a. a description of the manner in which an AAESA employee may
make a complaint of harassment or retaliation, including the
identification of individuals authorized to accept
b. a description of the procedures that will be used to
investigate all complaints of harassment and retaliation
(including written and oral complaints), specifying all steps
in the investigative process which will ensure informed
decisions regarding the merits of a complaint. At a minimum
such steps shall include:
i. interviewing all relevant individuals and ensuring
sufficient documentation of the interviews;
ii. gathering and reviewing relevant documents; and
iii. checking whether prior complaints of a similar nature
were made against ...