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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.

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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.

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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.

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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.

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The Inside Scoop: What the EEOC Says It Wants To See In Employer Position Statements.

Helms Mulliss & Wicker - November 13, 2007

At the recent 23rd Annual North Carolina/South Carolina Labor and Employment Law Program and Annual Meeting held in Charleston, South Carolina, three guest speakers from the U.S. Equal Employment Opportunity Commission (EEOC) shared information about how to work with the Commission. They were Rueben Daniels, Jr., Director of the Charlotte District Office, Thomas Colclough, Director of the Raleigh Area Office, and Kara Haden, Senior Trial Attorney, Charlotte District Office.

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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.

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EEOC's Suit For Monetary Relief Barred (pdf).

Ogletree Deakins - April 03, 2007

Court finds workers not entitled to "two bites at the apple".

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EEOC Announces New E-Race Initiative to Combat �Unconscious Bias".

Helms Mulliss & Wicker - March 09, 2007

The U.S. Equal Employment Opportunity Commission (EEOC) recently launched E-RACE (Eradicating Racism and Colorism from Employment), an initiative aimed at raising public awareness about and attacking what the Commission views as persistent and changing forms of race discrimination.

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EEOC Vice Chair Tells U.S. Employers to Conduct Employment Law Audits to Prepare for EEOC�s Aggressive New Approach to Fighting Systemic Discrimination (pdf).

Hogan & Hartson LLP - December 19, 2006

This update discusses the Equal Employment Opportunity Commission's (EEOC) aggressive new approach to combatting (often unintentional) "systemic discrimination" by U.S. employers. During a recent speech to Hogan & Hartson clients at the Employment Group's 2006 Labor & Employment Seminar, EEOC's Vice Chair identified essential action items to help all U.S. employers avoid or minimize liability for systemic discrimination. The update describes these action items and explains how the firm can help our clients implement them.

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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.

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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.

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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.

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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.

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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.

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EEOC Universal Agreements To Mediate � Peer Pressure or Strategic Move?

Helms Mulliss & Wicker - September 09, 2005

Everyone is doing it (or so it seems). Ford Motor Company, Intel, Labor Ready, Southern Company and Tyson Foods. In August, Halliburton and McDonald�s joined the party. These companies have all entered Regional or National Universal Agreements to Mediate (NUAMs) with the Equal Employment Opportunity Commission (EEOC).

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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.

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Planning For The Future By Examining Current EEOC Trends.

Helms Mulliss & Wicker - April 25, 2005

Much has changed in the world of employment over the past few decades, not just for private employers, but for the Equal Employment Opportunity Commission (EEOC) as well. When the EEOC was formed nearly 40 years ago, its primary focus was enforcing non-discrimination in the screening, interviewing and hiring of women and minorities by business. Once discrimination in hiring decreased, the EEOC shifted its focus to workplace and economic discrimination, harassment, and "glass ceiling" impediments to advancement.

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Understanding the Employment Discrimination Process.

Rothgerber Johnson & Lyons LLP - October 06, 2004

The first step in any such journey, for both employees and employers, should be to understand how the employment discrimination process works. This article outlines that process under federal law.

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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.

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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%).

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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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When A Charge Is Filed Against My Company.

Equal Employment Opportunity Commission - February 13, 2001

Outlines the charge filing and investigation process, with topics including "What can I expect to happen in an EEOC investigation?", "What records am I required to keep if I receive an EEOC charge?", and "What does the EEOC do if it determines that a violation of the law has occurred?"

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Compliance Manual Section 10: Compensation Discrimination.

Equal Employment Opportunity Commission - December 05, 2000

The Manual Section provides guidance and instructions for investigating and analyzing claims of compensation discrimination under each of the statutes enforced by the EEOC.

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QUESTIONS AND ANSWERS: COMPLIANCE MANUAL SECTION ON COMPENSATION DISCRIMINATION.

Equal Employment Opportunity Commission - December 05, 2000

Q&A on the EEOC Complaince Manual Section that provides guidance and instructions for investigating and analyzing claims of compensation discrimination under each of the statutes enforced by the EEOC.

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A Report on the Tenth Anniversary of the Americans with Disabilities Act (ADA)

Equal Employment Opportunity Commission - July 26, 2000

EEOC status report on the ADA, including discussions regarding technical assistance and enforcement activities (filing of charges, and types of employment discrimination faced by disabled individuals).

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Memorandum Of Understanding.

Equal Employment Opportunity Commission - April 01, 1999

Memorandum of Understanding between EEOC and OFCCP regarding enforcement of claims under E.O. 11246 and Title VII.

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Memorandum Of Understanding.

Equal Employment Opportunity Commission - December 01, 1998

Proposed Notice of Changes to the 1981 Memorandum of Understanding (MOU) Between EEOC and the DOL OFCCP.

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Field Offices.