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Kamp, John C. Hendrickson, Steven J. Levine, E. Peter W. Connolly, Jr. This is just the latest chapter in an ongoing war between the parties regarding proposed communications to the alleged victims of sexual harassment. A brief history of this dispute is in order. On September 13,Plaintiff EEOC sent a form letter to all current and former female associates of Defendant Mitsubishi which stated in relevant part: "You should know that you are not required to discuss any issues relating to this lawsuit with Mitsubishi's Human Resource Department.

In its Order of November 14,as modified on reconsideration on November 21,the Court ordered that the following notice be sent out on EEOC letterhead:. After EEOC's appeal from these Orders was dismissed for lack of jurisdiction, the notice was sent out. Soon after this time, Mitsubishi's human resources personnel began to hold scripted interviews of its employees regarding "certain claims of sexual harassment that had not previously been brought to the Company's attention.

Mitsubishi conducted a dozen of these interviews on the representation that it was "ensur[ing] that there was no ongoing harassment" in the workplace. The script used by human Mitsubishi motor sexual harassment personnel at these interviews included the following questions:. After concluding each interview, Mitsubishi typed up the notes of the interviews and asked the interviewee to review and sign the notes, authenticating them for later use.

When EEOC discovered that Mitsubishi was engaging in these ex parte interviews, it insisted that Mitsubishi cease conducting them immediately. Counsel for Mitsubishi agreed and has not conducted any interviews since the initial twelve.

Under this approach, EEOC counsel would be present at all future interviews and they would be conducted as noticed depositions pursuant to the Federal Rules of Civil Procedure. However, Mitsubishi insisted that due to its pressing need to remedy all vestiges of ongoing Mitsubishi motor sexual harassment in the workplace, it could not wait until the time for formal depositions to be conducted in October of The Court's Orders of November 14 and 26,set up a system by which the parties could provide advance notice to opposing counsel of any mass mailings that it intended to send to the alleged victims of discrimination.

Opposing counsel would then have ten calendar days in which to file objections to the content or form of such communications. There are in fact two interrelated issues that need to be addressed here: 1 whether and in what manner Mitsubishi may interview its employees about alleged claims of sexual harassment; and 2 whether and to what extent the Court should allow EEOC to send its proposed letter to the alleged victims in this case. See Gulf Oil Co. Babbitt v. Albertson's Inc. Younglove, 86 F.

Fortunately, the Court's task is made easier by the current posture of this case. In letters to EEOC and in its Objections filed with this Court, Mitsubishi has obligated itself to conduct "mini-depositions" of those employees who are included on EEOC's list of alleged victims of past harassment and Mitsubishi motor sexual harassment. The Court agrees with EEOC that it "should hold Mitsubishi to this offer" and now makes it explicit: any future attempt by Mitsubishi to hold discussions with the alleged victims in this case concerning past Mitsubishi motor sexual harassment of harassment must be done by a noticed deposition in accordance with the Federal Rules of Civil Procedure.

This is not to say, however, that Mitsubishi must wait until formal discovery of these alleged victims scheduled Mitsubishi motor sexual harassment begin in October of in order to obtain further information in its attempt to remedy ongoing discrimination in the workplace.

The parties are ordered to prioritize and depose as soon as practicable any alleged victim who has information about ongoing harassment at Mitsubishi's plant. Likewise, to the extent Mitsubishi motor sexual harassment Mitsubishi can justify an expedited deposition by its need to investigate and remedy any previously unreported incidences of harassment, EEOC must be willing to accommodate such a request.

This agreement resolves any fears that informal interviews or discussions will be initiated by Mitsubishi personnel. But how is Mitsubishi Cote de pablo nude pictues to deal with employee-initiated discussions by those designated by EEOC as Mitsubishi motor sexual harassment victims?

This inquiry must be divided into two subcategories: 1 employee-initiated discussions of past claims of harassment involved in this litigation, and 2 employee-initiated complaints of "new" instances of harassment at the plant. In such a case, Mitsubishi must notify the employee that she has the right to be represented by EEOC counsel and that all such discussions will be done by noticed deposition. With regard to the second categoryemployee-initiated complaints of "new" harassmentEEOC apparently agrees that informal interviews would be appropriate for such claims so long as the complainant is informed of the availability of EEOC representation.

EEOC Mitsubishi motor sexual harassment recommends that complainants who are alleged victims in this case should bring their new grievances directly to EEOC who will then relay them to Mitsubishi. Such persons are probably more likely to bring forth new claims of discrimination to EEOC rather than to Mitsubishi directly. Thus, the process will actually assist Mitsubishi in its attempt to remedy ongoing harassment. The resolution of these issues provides much of the answer to the second question before the Court: should EEOC be allowed to send out its letter to those persons named on the list of alleged victims?

The persons on the list have a legitimate right to know that their names are being turned over to Mitsubishi but will not be disclosed to the public at large. Thus, the first three paragraphs of the letter are appropriate. Regarding the third paragraph of the letter, EEOC concedes that Mitsubishi may have a reasonable basis for disclosing the names of alleged victims to certain Mitsubishi employees. Thus, the phrase "or to other employees" should be deleted from the last sentence of that paragraph.

Paragraphs four and six, however, are extraneous and confusing in light of the agreement between the parties previously discussed in this Order. With the safeguards described above, the Court sees no reason for EEOC to warn employees of the danger of speaking informally with Mitsubishi personnel or counsel.

This simply will not occur and if it does, appropriate sanctions may be sought at that time. The remainder of the letter poses no problem. Indeed, paragraph seven addresses the Court's concern that new complaints of ongoing harassment should be promptly addressed by Mitsubishi without the need for a formal deposition.

One final issue deserves mentioning. The second paragraph of EEOC's proposed letter states that EEOC's position in this lawsuit is that the hostile work environment at Mitsubishi has affected virtually all of the women "who observed or were subjected to it at the Normal plant" emphasis added.

Likewise, the next sentence states that the recipient's "name has been included on the list of women who EEOC believes were personally subjected to or who witnessed the hostile environment which EEOC alleges" emphasis added. While it may be a matter of mere semantics, the Court believes that the language in paragraph two is misleading. Without ruling upon the merits of EEOC's legal theory, it may be proper for EEOC to say that one who observes or witnesses the perpetration of sexual harassment upon others may herself be "subjected to" a hostile work environment.

However, it is confusing to say that observing or witnessing this hostile work environment is something different than being "subjected to" that environment. The resulting language will be more coherent to its readers and more in line with what appears to be EEOC's legal position here. EEOC's third proposed letter may be sent out immediately with the following redactions: 1 the phrase "observed Mitsubishi motor sexual harassment in the first sentence of paragraph two; 2 the phrase "or who witnessed" in the second sentence of paragraph two; 3 the phrase "or to other employees" in the last sentence of paragraph three; and 4 paragraphs four and six in Mitsubishi motor sexual harassment entirety.

Likewise, the parties shall expedite those depositions which Mitsubishi can justify by its need to investigate and remedy any previously unreported incidences of harassment. Specific disputes shall be taken up with Magistrate Judge Kauffman.

Mitsubishi Motor Manf. And even though Rule 23 does Mitsubishi motor sexual harassment technically apply here because this is not Mitsubishi motor sexual harassment class action, General Tel. Hoffman v. United Telecommunications, Inc. However, if they approach Mitsubishi directly, Mitsubishi should give adequate notice to EEOC and inform the claimant of her right to be represented by EEOC counsel before engaging in an informal discussion of such charges.

Mitsubishi Motor Mfg. EEOC v. United States District Court, Mitsubishi motor sexual harassment. March 24, Jeffrey B. Galassi, Peoria, IL, for intervenor. You should feel free to bring Mitsubishi motor sexual harassment matters to the company's Human Resources Department Mitsubishi motor sexual harassment to the company's sexual harassment policy. Of course, you are also free to inform the EEOC of such matters at any time that you wish. Tell me about any incidents of sexual harassment that occurred to you Mitsubishi motor sexual harassment you may not have reported to ER.

Was your supervisor aware of it? Who was that? How was your supervisor made aware of the situation? If your supervisor did not take action, why didn't you come to ER? What did you say to the harasser? Did you keep a journal or any notes on what happens to you at the plant? Will you bring it in so we can have a copy of it? Is the behavior continuing today? When did it stop? Why did it stop? What do you feel is the proper remedy for this allegation? Have you ever witnessed sexual Mitsubishi motor sexual harassment of Mitsubishi motor sexual harassment other people?

Have you ever witnessed sexual harassment of any of the Mitsubishi motor sexual harassment What do you want the Company to do today? This in no way prevents you from being eligible for any monetary compensation the EEOC feels you may be eligible to receive. You have MMMA's commitment that we will not air any personal complaints in public.

YES or NO. If you feel you have been retaliated [against] in any way, please let me know immediately. Your supervisor does not know the reason for this meeting. Your name has been included on the list of women who EEOC believes were personally Mitsubishi motor sexual harassment to or who witnessed the hostile environment which EEOC alleges. EEOC will not disclose to anyone other than attorneys for Mitsubishi the fact that your name is on the list.

EEOC has been assured that Mitsubishi and its lawyers will not disclose the fact that your name is on the list to the public or to other employees. EEOC has been told by Mitsubishi that Mitsubishi staff and lawyers for the company may want to discuss your claims with you. The decision about whether to talk with Mitsubishi personnel or its lawyers is your personal decision.

However, you should also be told that the best legal judgment of the EEOC lawyers bringing this case is thatif you want to obtain relief through this caseyou should not discuss this lawsuit or your claims with Mitsubishi staff or its lawyers.

EEOC recommends, for example, that you not discuss any statements you may have previously given or complaints you may have previously made about past events.


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