The Miami district office of the EEOC brought this suit against Adelphia Cable, a national cable TV company, in February 2001, in the U.S. District Court for the Southern District of Florida. The complaint alleged that an Adelphia manager subjected black employees to a hostile environment, in violation of Title VII of the Civil Rights Act of 1964. Specifically, he verbally abused black employees, placed a noose in his office and put it in view of black employees and their children on "bring your child to work day." The complainant, a forty-year-old black male, intervened in April 2001, adding causes of action under 42 U.S.C. ß 1981, the Florida Civil Rights Act, and state tort law. After some discovery the parties did a formal mediation and settled the case in May 2002, by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required development of a written Title VII policy, and provided for training by a firm or organization approved by the EEOC (which also was authorized to attend the training). It also required Adelphia to designate an ombudsperson who would receive complaints of discrimination. Adelphia was required to retain records relating to discrimination complaints or allegations, and to report complaints to the EEOC, periodically. The injunctive parts of the decree had a four year term. If the EEOC found non-compliance, the decree required 10 days notice to Adelphia and then mediation, prior to application to the Court for enforcement. In addition, Adelphia agreed to pay $1,050,000 in compensatory damages, distributed to six individual employees.

Kevin Wilemon - 06/01/2007


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