The EEOC asks for prejudgment interest compounded monthly from the period from October 22, 1982 to the date judgment is entered in this case. Prejudgment interest is a normal incident of relief in Title VII cases. Loeffler v. Frank, 486 U.S. 549, 108 S. Ct. 1965, 1971, 100 L. Ed. 2d 549 (1988); EEOC v. Gurnee Inn Corp., 914 F.2d 815, 819 (7th Cir. 1990). In fact, O&G does not raise an objection. The court does order prejudgment interest, but compounded annually rather than monthly for convenience sake. The interest rate is to be the IRS adjusted prime rate. EEOC v. O'Grady, 857 F.2d 383 (7th Cir. 1988).
Hiring of Discriminatees
The EEOC asks the court to order O&G to hire 20 black persons over the period of the next four years pursuant to suggested procedures. O&G insists that it should only be made to hire those who applied during the window period, and have either technical training or previous spring company experience. However, under the procedures suggested by the EEOC, O&G is given free rein to compile a list of acceptable employees from the 451 applicants so long as it does so on a non-discriminatory basis.
However, the court feels that the number to be hired should be 17, the shortfall number found by the court, less the number of blacks hired by O&G since 1985 in excess of the percentage of blacks in the relevant labor market. Assuming O&G has bent over backwards to hire blacks since the EEOC filed this suit, as the EEOC and the court believe (FF No. 41), this means that O&G has been discriminating in favor of blacks and against whites. The non-black labor market should not be further penalized.
The court approves of the other provisions of the proposed final order granting relief submitted by the EEOC.
The parties are directed to present evidence of the average unemployment rate for blacks in the relevant labor market for the period from 1982 to the present for purposes of calculating the back pay award in accordance with this Memorandum Opinion. The case is set for status on Tuesday, April 21, 1992 at 9:00 a.m.
IT IS SO ORDERED.
HARRY D. LEINENWEBER, Judge
United States District Court
DATED: March 23, 1992
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