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Updating Guidelines And Asking For Dough: EEOC’s 2018-2022 Strategic Plan & 2019 Budget Request

Seyfarth Synopsis: This month the EEOC released its 2018-2022 strategic plan, which focuses on preventing and combating discrimination and improving the EEOC’s organizational functionality. It also released the agency’s 2019...more

2017’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation (And A Preview of Our Annual EEOC Litigation Report)

Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2017, in addition to a pre-publication preview of our annual report on...more

Bulldozing The Backlog & Doubling Filings: EEOC’s 2017 Performance And Accountability Report Shows Decreased Inventory And A Surge...

Seyfarth Synopsis: On November 15, 2017, the EEOC released its annual Performance and Accountability Report for Fiscal Year 2017 – its internal “report card” for its fiscal year 2017. The report touts the EEOC’s progress in...more

Midyear Peek: What Has The EEOC Been Up To In FY 2017?

Seyfarth Synopsis: Reviewing the EEOC’s case filings during the first half of the Commission’s fiscal year may already reveal some surprising trends, most notably a sharp uptick in the total number of case filings – up 75%...more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline

Seyfarth Synopsis: An in-depth analysis by Seyfarth Shaw sheds new light on how quickly the EEOC moves matters from letter of determination, through conciliation, to litigation. For charges that result in litigation, the...more

Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case

Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race...more

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

U.S. Supreme Court Holds That An Abuse-Of-Discretion Standard Applies To Review Of EEOC Subpoenas

Seyfarth Synopsis: Monday, the U.S. Supreme Court handed down its long-awaited decision in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), a decision that clarifies the scope of review for employers facing...more

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

No Subpoena For You! – Tenth Circuit Says EEOC’s Subpoena Out Of Line

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one...more

No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)

Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had...more

Bullseye On Big Business: EEOC’s 2016 Performance And Accountability Report Shows Target On Systemic Litigation

Seyfarth Synopsis: The EEOC recently released its annual Performance and Accountability Report for the fiscal year 2016, a must-read for employers regarding statistical data on EEOC litigation. Continuing a trend from recent...more

EEOC Shakeup? Top Ways Trump Presidency Could Impact The EEOC

Seyfarth Synopsis: The Trump Presidency will undoubtedly impact how the EEOC pursues its enforcement agenda. Although it is impossible to predict exactly what changes are in store, we think that it is a good bet that they...more

A Look Through The Crystal Ball: The EEOC’s Updated 2017-2021 Strategic Enforcement Plan

Seyfarth Synopsis: On October 17, 2016, the EEOC unveiled its updated Strategic Enforcement Plan (“SEP”) for Fiscal Years 2017-2021. It ought to be required reading for every employer and their executive teams. The New...more

The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,”...more

A Call For Harmony Between The EEOC And NLRB’s Rules Concerning Prevention And Investigation Of Workplace Harassment

Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for...more

“We Don’t Want To Pay $4.7 Million” – EEOC Files Its Supreme Court Brief in CRST Fee Sanction Case

As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more

Opening The Vault – The EEOC’s New Position On Handing Over Position Statements To Charging Parties

With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more

What Is Behind The Numbers? The EEOC Scrambles To Advance Priorities As Clock Winds Down On Obama Administration

On February 11, 2016, the EEOC released its Fiscal Year 2015 Enforcement Data, which tracked closely with the observations and analyses that we published for our readers over a month ago in EEOC-Initiated Litigation: Case Law...more

2015’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more

Employers Beware: EEOC’s 2015 Performance And Accountability Report Reaffirms Its Commitment To High Profile, Systemic Litigation

On November 19, 2015, the EEOC released its annual 2015 Performance and Accountability Report (“PAR”). The Report reflects the progress of the EEOC’s continued efforts to meet the enforcement priorities outlined in its 2012...more

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