Who determines whether my Employer is following the provisions of the Consent Decree?
Many consent decrees will also have a provision regarding a court appointed Monitor to keep track of your employer’s compliance and non-compliance with the decree. Although the parties are not required to appoint a monitor, it is often in their best interest to have a monitor ensure compliance with the consent decree and identify and address problems as they occur without resorting to litigation. As a plaintiff, it is in your best interest to ensure that the monitor appointed is neutral and paid for by your employer. If your employer does not agree to this provision, the judge may appoint a “special master” who will also be a neutral third party to assure the consent decree’s successful implementation.
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