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EQUAL EMPLOYMENT OP. COMM. v. MITSUBISHI M. MFG. OF AMERICA
March 24, 1997
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
MITSUBISHI MOTOR MANUFACTURING OF AMERICA, INC. F/K/A "DIAMOND-STAR MOTORS CORPORATION," DEFENDANT.
The opinion of the court was delivered by: McDADE, District Judge.
Before the Court are Defendant's Objections to the EEOC's
Third Proposed Letter to Mitsubishi Employees and Motion to
Enforce Scheduling Order [Doc. # 51]. 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, 1996, 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." On October 24, 1996,
Mitsubishi filed a motion for clarification of the EEOC's letter
requesting the Court to issue a corrective notice. In its Order
of November 14, 1996, as modified on reconsideration on November
21, 1996, the Court ordered that the following notice be sent
out on EEOC letterhead:
Our letter of September 13, 1996, should not be read
to suggest that you should not present any complaints
you may have relating to sexual harassment, sex-based
harassment, and retaliation to Mitsubishi's Human
Resources Department pursuant to the company's sexual
harassment policy. You should feel free to bring
these matters to the company's Human Resources
Department pursuant 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
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." These claims had been
revealed to Mitsubishi through discovery of EEOC's
administrative files which related various alleged incidents
occurring at least two years earlier. Mitsubishi conducted a
dozen of these interviews on the representation that it was
"ensur[ing] that there was no ongoing harassment" in the
The script used by human resources personnel at these
interviews included the following questions:
1. Tell me about any incidents of sexual
harassment that occurred to you that you may not
have reported to ER.*fn1
2. Was your supervisor aware of it? Who was that?
How was your supervisor made aware of the
3. If your supervisor did not take action, why
didn't you come to ER?
4. What did you say to the harasser?
5. 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? YES or NO
6. Is the behavior continuing today? When did it
stop? Why did it stop?
7. What do you feel is the proper remedy for this
8. Have you ever witnessed sexual harassment of
any other people? Who?
9. Have you ever witnessed sexual harassment of
any of the ...
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