Eighth Circuit Flexes Its Supervisory And Enforcement Powers In Remanding Rejection Of An EEOC Consent Decree

When negotiating settlement terms with the EEOC, employers can expect the EEOC to make great efforts to incorporate expansive enforcement mechanisms into a proposed consent decree. To this end, the EEOC frequently demands any consent decree agreed upon by the parties for settlement purposes include an express “continuing jurisdiction” clause that allows the parties at any time to seek additional enforcement orders from the Court. In reality, this is a one-way clause to benefit the EEOC when and if it seeks to invoke the Court's power to force compliance with the consent decree. 

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