The court’s docket
reflects that extensive discovery was conducted and the summary judgment
motions filed by both sides were denied.
The consent
decree resolving the case provides that it does not constitute an admission by
the Bank. It enjoins the Bank from
creating or maintaining a sexually hostile work environment and from
retaliating against any employee who complains about sexual harassment. For
the next two years, the Bank is required on a quarterly basis to:
·
give
notice to the Commission of the institution of any judicial or administrative
proceeding (including the filing of a charge
or complaint with the Ohio Civil Rights Commission) against Defendant, wherein
the person or entity instituting the proceeding
alleges sex-based/sexual harassment or other sex discrimination arising from
alleged conduct involving Mortgage Bankers at the Consumer Direct Sales
department of Defendant’s Polaris, Ohio facility or any successor facility
where Defendant’s Ohio-based Mortgage Bankers in its Consumer Direct Sales department
may relocate, and include a copy of the complaint or charge.
·
. . . submit written reports to the
Commission’s Baltimore Field Office, . .
. regarding all written or oral
complaints of sex/sexual harassment or other sex discrimination made to
Defendant’s Human Resources Department or Corporate Employee Relations
Department, whether sufficient to state an actionable claim under Title VII or
not, and any corrective action taken in response to the complaints. Such
reports shall contain the following: the dates and time period pertinent to the
complaint; the allegations of sex/sexual harassment or other sex
discrimination, the full name, job title, work address, last known home address,
and last known home telephone number of any complainant; the full name, job
title and work address of any persons who received any complaints; if other
than the complainant, the full name, job title, work address of any person
alleged by a complainant to have been a victim of sex discrimination or sex
based harassment, and the full name, job title, work address, and professional
relationship to the complainant or alleged victim of the person or persons
whose conduct is the subject of a complaint. . . .
The Bank also agreed
to develop by June an extensive call data retention system so that assignments
of sales calls could be accessed and analyzed to ensure that they are being
equitably distributed among the mortgage bankers. These records, among other
things, must also reflect each employee’s supervisor and manager each
week. The Bank is required to maintain
and preserve the records for three years after they are created and to produce
them annually or upon request to the EEOC (until March 2016).
The Bank is also required by the consent decree to provide two hours of training on sexual harassment, discrimination and retaliation to “Supervisors, Managers, and Directors of Mortgage Bankers within the Consumer Direct Sales department at its Polaris facility” by June and again within the following year. This training shall be provided within 60 days to individuals hired, transferred or promoted into such positions as well. The EEOC must review the training materials in advance and must be annually given a list of everyone who attends. The Bank also agreed to continue its past practice of training its Human Resources employees.
