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A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

Littler·

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30, 2016, including review of the EEOC’s current priorities and systemic initiativ

EEOC FY 2016 Performance Report Shows Slight Decrease in Recoveries and Agency’s Struggles with Data

Jackson Lewis P.C.·

The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the data available to i

EEOC Performance and Accountability Report Shows Increase in Charge Filings for FY 2016

Littler·

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the EEOC received 91,503 charges in FY 2016, roughly 2,000 more charges than in

How Conciliatory Should You Be?

Maynard Nexsen·

Many employers faced with a charge of discrimination have participated in the Equal Employment Opportunity Commission’s mediation process. Employers, however, may not be as familiar with a separate EEOC process known as “conciliation.” This article reviews that process and provides suggestions for e

EEOC Changes Date for Employers to Begin Reporting Pay Data

Goldberg Segalla·

Last Wednesday, the Equal Employment Opportunity Commission revised the proposed rule requiring certain employers to collect and report pay data to the federal government. The initial proposed rule, published in late January, required reporting to begin on September 30, 2017. Due to input received d

EEOC Burnishes Systemic Successes and Intentions

Jackson Lewis P.C.·

Equal Employment Opportunity Commission Chair Jenny R. Yang has issued a report on the EEOC’s Systemic Discrimination efforts over the last 10 years. The Report contains insights on the type of employer vulnerabilities the EEOC exploits and the agency’s aims for growth in new areas.

EEOC Issues Revised Equal Pay Data Rule

CDF Labor Law LLP·

Earlier this year, the EEOC announced a proposed rule to expand employer EEO-1 reporting requirements to include pay range data and hours worked data. In response to pubilc comments on the proposed rule, the EEOC this week issued a slightly revised proposed rule, which triggers a new 30-day public c

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison·

Executive Summary: The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per violation effective July 5, 2016. The increase will only

EEOC Issues Position Statement Procedures

Jackson Lewis P.C.·

The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. These procedures, along with the EEOC’s Digital Charge system, make significant changes in some jurisdictions, while formalizin

Senate Bill Takes Aim at 1,933% Increase in Data Collection Proposed in EEO-1 Pay Data Revisions

Jackson Lewis P.C.·

Senate Bill 2693, the “EEOC Reform Act,” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76,408” discrimination charges pending at the close of fiscal year 2015.

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements Gratis

Maynard Nexsen·

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all position statements submitted by employers to the EEOC on or after Jan. 1, 20

EEOC Adopts New Position Statement Procedures

CDF Labor Law LLP·

For many years, the primary way that a charging party could obtain a copy of an employer’s EEOC’s position statement was through a Freedom of Information Act request following the resolution of the charge and closure of the case. As of January 2016, the Equal Employment Opportunity Commission (“EEOC

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

Littler·

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385 charges were filed with the agency, up slightly from the 88,778 charges filed

EEOC Proposes to Collect Pay Data from Employers

Jackson Lewis P.C.·

Proposed changes to the Equal Employment Opportunity Commission’s EEO-1 report would have employers with at least 100 employees submitting all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.

Seventh Circuit Affirms the Dismissal of Lawsuit Based on the EEOC's Failure to Conciliate Claims Related to Releases

Littler·

On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy.1 This lawsuit has been the subject of significant media attention due to the EEOC’s challenge to common provisi

Annual Report on EEOC Developments – Fiscal Year 2015

Littler·

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also offers an analysi

Looking Backward and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY 2016

Littler·

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30, 2015. This Insight provides a preliminary review of selected statistics highl

EEOC Announces FY 2015 Performance Results, Touts Increase in Litigation and Systemic Successes

Jackson Lewis P.C.·

The Equal Employment Opportunity Commission’s recently released Performance and Accountability Report (“PAR”) for Fiscal Year 2015 shows the EEOC recovered more than a half billion dollars through litigation and other enforcement activities this past fiscal year, a significant increase over FY 2014.

EEOC Subpoena Has Long Reach in Age Discrimination Investigation

Jackson Lewis P.C.·

Highlighting just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm under agency investigation for purportedly handling clients’ job requisitions that are facially discriminatory has been ordered to comply with an EEOC subpoena seeking the names of all

EEOC Officials Field Pointed Questions During Senate Committee Hearing

Littler·

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing to examine the agency's recent activities, EEOC Chair Jenny R. Yang and Ge