As 2021 begins to unfold, we thought employers might benefit from a glimpse into the U.S. Equal Employment Opportunity Commission (EEOC)—where it has been and where it is going. We will begin this multi-part blog series with a snapshot of the EEOC’s own fiscal year (FY) 2020 Enforcement and Litigation
Articles Discussing The Equal Employment Opportunity Commission.
Annual Report on EEOC Developments – Fiscal Year 2020
This Annual Report on EEOC Developments—Fiscal Year 2020 (hereafter “Report”), our tenth annual publication, 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 analyzes the EEOC’s successes, setbacks, changes, and
New Freedom of Information Act (FOIA) Software Launched By EEOC
On February 1, 2021, the Equal Employment Opportunity Commission (EEOC) launched a new software system to receive and process Freedom of Information Act (FOIA) requests and objections. FOIA allows individuals the right to request access to federal government records.
Individuals looking to make FOIA requests can now initiate the requests
School District Sanctioned for Failing to Preserve Evidence After Receiving EEOC Charge
A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so.
In Eller v. Prince George’s Cty. Pub. Sch., 2020 U.S. Dist. LEXIS 234367 (D. Md. Dec. 11, 2020), an employment discrimination case, the court
Hotly Debated EEOC Conciliation Regulations Scheduled to Become Effective
The Equal Employment Opportunity Commission’s (EEOC) amended regulations on required steps in the conciliation (settlement) phase of the EEOC administrative process for claims brought under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act are scheduled to become effective on February 16, 2021.
EEOC FY 2020 Annual Performance Report: Recoveries Up, But Fewer Lawsuits Filed
The Equal Employment Opportunity Commission’s (EEOC) Fiscal Year (FY) 2020 Annual Performance Report (APR) shows a substantial decrease in the number of lawsuits filed by the agency. However, the APR shows a dramatic increase in the amount of monetary recoveries by the EEOC in litigation compared to FY 2019.
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EEOC Updates its Compliance Manual on Religious Discrimination
On January 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated Compliance Manual on Religious Discrimination. The EEOC voted 3-2 to approve the update.
President Biden Names Charlotte Burrows as EEOC Chair
One day after President Joe Biden’s inauguration, the Equal Employment Opportunity Commission (EEOC) announced that he has named current EEOC Commissioner Charlotte A. Burrows Chair of the EEOC and Commissioner Jocelyn Samuels Vice Chair of the EEOC.
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Biden Names Charlotte Burrows as EEOC Chair
On January 21, 2021, President Biden designated Commissioner Charlotte Burrows (D) as the new chair of the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”). Burrows replaces outgoing Republican Chair Janet Dhillon, who will continue to serve out her term as a commissioner. At the same time, the
New Deputy Chief Data Officer at EEOC Office of Enterprise Data and Analytics
On January 19, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Kimberly S.L. Essary has been appointed as Deputy Chief Data Officer within the agency’s Office of Enterprise Data and Analytics (OEDA).
Essary’s appointment expands OEDA’s existing executive leadership, further illustrating the EEOC and OEDA’s mission to build
EEOC Reports Record Recovery and Decrease in Pending Charges
The Equal Employment Opportunity Commission (“EEOC” or the “Agency”) recently released its annual financial report for the 2020 fiscal year. Relevant highlights from this report include discussion of a research study was commenced to determine whether there is a correlation between unemployment during economic downturns related to COIVD-19 and EEOC
Agency Takes Step to Becoming ’21st Century Data and Analytics Organization’ with EEOC Explore
The launch of “EEOC Explore” is the U.S. Equal Employment Opportunity Commission’s (EEOC) latest step toward its vision to “build a 21st century data and analytics organization.”
In December 2018, the EEOC created the Office of Enterprise Data and Analytics (OEDA). Since its inception, the OEDA has been working on
EEOC Revises Language in Dismissal Letters to Note Dismissal Is Not Merits Determination
The U.S. Equal Employment Opportunity Commission (EEOC) has published a Final Rule amending its procedural regulations with regard to closing investigations and issuing Dismissal and Notice of Rights correspondence. The changes are set to take effect on November 16, 2020.
EEOC’s Proposed Conciliation Regulation Holds Promise for Conciliation Transparency
Signaling an agency culture reset, the Equal Employment Opportunity Commission (EEOC) is proposing a regulation that promises to make the EEOC conciliation process more efficient and transparent. In theory, the changes will help companies sharpen settlement valuations. However, the regulation also may open new issues.
EEOC Proposes Conciliation Procedures Rule
The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act.
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