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Article Index » government agencies » equal employment opportunity commission
Report Link EEOC Has Broad Power To Subpoena Employer Records.
Barker Olmsted & Barnier - November 04, 2008
When the EEOC files an administrative charge of discrimination against an employer, it frequently will demand that company records be produced. If the company does not voluntarily comply, the EEOC may issue an administrative subpoena seeking to force production of the records.
Report Link The Unwelcome Guest: When the EEOC Knocks.
Elarbee, Thompson, Sapp & Wilson, LLP. - October 14, 2008
The Equal Employment Opportunity Commission (“EEOC”) enjoys great power and broad discretion in achieving its statutory goals, especially when it comes to obtaining information through on-site investigations. While a defensive attitude on the part of employers toward these investigations is justified, an evasive or overly confrontational approach to the EEOC can not only be expensive and frustrating, but can harm the reputation and good will that a business has worked hard to develop. Through a better understanding of the EEOC investigatory process, employers can effectively reduce the negative impact of this unwanted agency attention and achieve the ultimate goal of convincing the EEOC that an underlying charge of discrimination lacks merit.
Report Link To Avoid Becoming EEOC Statistic, Plan Ahead (pdf).
Littler Mendelson, P.C. - June 11, 2008
In this attorney authored article, David Goldman of Littler's San Francisco office discusses the sharp increase in private-sector discrimination charges filed with the EEOC. He provides guidelines for employers to reduce the number of discrimination charges and the punitive fines that employers incur due to these charges. "Even if a drop in claims did not occur after training, such efforts would help employers avoid punitive damages in federal discrimination litigation," says Goldman. He also indicates that if the correlation between poor economic conditions and claims is correct, then more challenges are ahead.
Report Link Recession + Layoffs = More EEOC Charges.
Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008
As many employers prepare for a possible recession, cutting costs is at the top of everyone's to-do list. Layoffs, hiring freezes, and/or reduced recruiting efforts are traditional methods for quickly affecting an employer's bottom line. However, before taking such any course of action, employers should be aware of the recent rise in charge filings with the U.S. Equal Employment Opportunity Commission (EEOC).
Report Link Job Bias Claims Rise 9% in 2007: Discrimination Charges Highest in 5 Years.
Barker Olmsted & Barnier - April 16, 2008
In a March 5, 20008 press release, the U.S. Equal Employment Opportunity Commission (EEOC) reported that it received a total of 82,792 private sector discrimination charge filings last fiscal year. That number was the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s.
Report Link A Charge By Any Other Name: Supreme Court Upholds EEOC's Definition of "Charge" of Discrimination under the ADEA.
Baker Hostetler LLP - April 11, 2008
In a 7-2 decision on February 27, 2008, in the case Federal Express Corp. v. Holowecki, the Supreme Court determined that an intake questionnaire submitted to the Equal Employment Opportunity Commission (EEOC) along with an affidavit requesting assistance constituted a "charge" as that term is defined by the EEOC under the Age Discrimination in Employment Act of 1967 (ADEA). Although the employer was unaware of the existence of the "charge" until after the age discrimination lawsuit was filed, the Court was unwilling to punish the claimant due to the inaction of the EEOC.
Report Link The EEOC is Partying Like It’s … 2002?
Fisher & Phillips, LLP - April 02, 2008
The EEOC recently released its statistics for 2007 and the news was not good for those hoping for a slowdown in EEOC enforcement activity. In fact, 2007 saw an almost double-digit percentage growth from the previous year in charges filed at just under 83,000, returning to a level not seen since 2002 when there were almost 84,500 charges filed with the EEOC.
Report Link EEOC – What's Ahead For 2008?
Fisher & Phillips, LLP - December 05, 2007
Recently, Naomi Earp, Chair of the Equal Employment Opportunity Commission, shared the Agency’s enforcement focuses. At the EEOC Technical Assistance Program seminar in Hampton, Virginia in September 2007, Earp gave employers a heads up on issues of particular concern to the Agency in the coming months. Here is a brief summary of what we can expect in 2008.
Report Link EEOC Issues Alert Regarding E-Mail "Phishing” Scam
Gray Plant Mooty - November 01, 2007
The EEOC recently issued a press release regarding a “phishing” e-mail that is being sent to employers and purports to be from the EEOC. If you have received an e-mail from the EEOC regarding a purported harassment complaint, you should not click on the included link or download any attached file.
Report Link EEOC's Suit For Monetary Relief Barred (pdf).
Ogletree Deakins - April 03, 2007
Court finds workers not entitled to "two bites at the apple".
Report Link EEOC Is Gearing Up for High-Impact "Systemic" Litigation (pdf).
Vedder Price - August 04, 2006
The U.S. Equal Employment Opportunity Commission has announced plans to begin emphasizing multipleplaintiff cases as part of a new push to pursue highimpact litigation.
Report Link Third Circuit Holds Employees Need Not File a Verified Charge of Discrimination with the EEOC.
Littler Mendelson, P.C. - July 18, 2006
The Third Circuit Court of Appeals has found yet another way for the federal courts to retain jurisdiction over discrimination claims even though an employee fails to meet Title VII's and/or the ADA's statutory requirements. In Buck v. Hampton Township School District, No. 05-2373 (June 30, 2006) the Third Circuit held that although Title VII and the ADA expressly require plaintiffs to file a verified administrative charge with the EEOC before they can proceed with a lawsuit in federal court, an employer's failure to timely object that the EEOC charge was not verified under oath will waive this statutory requirement.
Report Link The Equal Employment Opportunity Commission Issues Guidance Addressing Discrimination Geared Toward Contemporary Work Force Issues (pdf).
Phelps Dunbar LLP - June 20, 2006
While the manual does not prevent a departure from the EEOC’s previous position on race and color discrimination, it does provide helpful clarification of the EEOC’s position with respect to ancestry, physical traits and subtle characteristics such as culture, race linked illnesses such as sickle cell anemia, perception of a person’s race, reverse race discrimination and association with a particular racial group.
Report Link EEOC Shifts Focus to Systemic Discrimination.
Elarbee, Thompson, Sapp & Wilson, LLP. - May 04, 2006
On April 4, 2006, the EEOC announced that it was strengthening its initiatives to ferret out and eliminate “systemic” discrimination through reorganization, decertification, and renewed emphasis on pursuing class relief. According to the EEOC, systemic cases are pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company or geographic location. In making this announcement, the EEOC seems to be suggesting that it will alter its typical focus on “individual” allegations of discrimination and will instead concentrate its efforts and resources on such systemic cases.
Report Link EEOC Revises Compliance Manual to Target More "Contemporary" Forms of Discrimination.
Littler Mendelson, P.C. - May 02, 2006
With the stated purpose of reaffirming its commitment to end race-based discrimination in employment, the US Equal Employment Opportunity Commission (EEOC) revised its long-standing Compliance Manual on April 19, 2006, to address what it calls "contemporary discrimination issues," according to a press release that accompanied the release of the revisions.
Report Link EEOC Revises 'Regional Attorneys Manual' Providing Internal Legal Management Guidance.
Jackson Lewis LLP - June 03, 2005
The Equal Employment Opportunity Commission has issued a revised "Regional Attorneys Manual" containing litigation procedures, settlement standards, and other "internal guidance and practical support" for management of EEOC legal units.
Report Link Over 3000 Fewer Charges Filed with EEOC in FY 2003 Than Prior Year.
Jackson Lewis LLP - March 10, 2004
The U.S. Equal Employment Opportunity Commission has released its annual report on enforcement and litigation statistics for Fiscal Year 2003.
Report Link EEOC Charge Filings for 2002 Up 4.5% over 2001.
Jackson Lewis LLP - February 18, 2003
Racial discrimination continues to head the list of the most frequent charges filed with the U. S. Equal Employment Opportunity Commission, according to recently released statistics for fiscal year 2002. Of the 84,442 charge filings with the EEOC in FY 2002, the biggest increases from the prior year were in allegations of religious discrimination (up 21%), age bias (14.5%), and national origin discrimination (up 13%).
Report Link EEOC Using New Data Codes to Monitor Post-September 11 Discrimination Charges.
Jackson Lewis LLP - December 13, 2001
As a result of the events of September 11, the Equal Employment Opportunity Commission has added to its charge tracking statistics information on alleged discrimination against that protected group of individuals.
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