– Re: THE CEMENT (CONCRETE) LEAGUE & ALJ Greens 5-21-15 Decision & the...
In Reply To
Because consent decrees "have attributes both of contracts and judicial decrees," they are treated differently for different purposes. United States v. ITT Continental Baking Co., 420 U.S. 223, 236, n. 10, 95 S.Ct. 926, 934, n. 10, 43 L.Ed.2d 148 (1975). See also Firefighters v. Cleveland, 478 U.S., at 519, 106 S.Ct., at 3074. For example, because the content of a consent decree is generally a product of negotiations between the parties, decrees are construed for enforcement purposes as contracts. See ITT Continental Baking Co., supra, 420 U.S., at 238, 95 S.Ct., at 935; Stotts v. Memphis Fire Dept., 679 F.2d 541, 557 (CA6 1982), rev'd on other grounds, 467 U.S. 561, 104 S.Ct. 2576, 81 L.Ed.2d 483 (1984). For purposes of determining whether an employer can be held liable for intentional discrimination merely for complying with the terms of a consent decree, however, it is appropriate to treat the consent decree as a judicial order. Unlike the typical contract, a consent decree, such as the ones at issue here, is developed in the context of adversary litigation. Moreover, the court reviews the consent decree to determine whether it is lawful, reasonable, and equitable. In placing the judicial imprimatur on the decree, the court provides the parties with some assurance that the decree is legal and that they may rely on it. Most significantly, violation of a consent decree is punishable as criminal contempt. See 18 U.S.C. §§ 401, 402; Fed.Rule Crim.Proc. 42.
UBCJA International, the NYCDCC, the Cement League can you all say 'criminal contempt'?