EEOC Consent Decree Entered in Failure-to-Hire Sex Discrimination Case

Pursuant to a May 5, 2017 Consent Decree in EEOC v. Special Education Associates (EDNY 17-cv-1791) (a failure-to-hire sex discrimination case), the defendant must pay $57,000 in damages to the underlying complainant, comprising $20,000 in back pay and $37,000 in compensatory damages.[1]The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination policy.

In its federal court complaint, plaintiff EEOC had alleged (inter alia):

[12.] a) On March 10, 2015, Defendant’s Chief Executive Officer [] interviewed the Aggrieved Individual, who is female, for a job at Defendant. The day after the interview the CEO offered the Aggrieved Individual a position as a service coordinator. During the same discussion, the CEO asked the Aggrieved
Individual on a date. Specifically he proposed that they continue their discussion “over dinner and drinks” and suggested that they should “party” together.

b) The Aggrieved Individual declined the CEO’s request for a date and said that she hoped that “we can move forward in a strictly professional manner.”

c) Because the Aggrieved Individual declined and objected to the CEO’s request for a date, Defendant did not hire her.

Plaintiff also alleged that the defendant unlawfully failed to comply with Title VII’s record-keeping requirements,[2]42 U.S.C. § 2000e-8(c) in that it failed “to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed” and “to maintain records of job applications, resumes, interview notes, and other records having to do with hiring, including the records of the hiring process in which the Aggrieved Individual took part.”

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1 The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination policy.
2 42 U.S.C. § 2000e-8(c
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