An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (“EEOC” or “Commission”). While such guidance is intended to update employers on significant EEOC developments as they arise, we believe that employers can also benefit from an annual update and overview of key EEOC developments. Accordingly, Littler is pleased to provide this inaugural edition of its Annual Report on EEOC Developments—Fiscal Year 2011 (hereafter this “Report”).

Over the past fiscal year, we have monitored EEOC lawsuits, subpoena enforcement actions, EEOC settlements, regulatory developments and related activities, and court opinions in which the EEOC has been a party. Within this report, we have highlighted significant developments and trends that we believe may be helpful in your day-to-day dealings with the EEOC.

Part One of this Report provides an overview of EEOC charge activity, litigation and settlements over the past year, including highlighting the types and location of lawsuits filed by the EEOC. As anticipated, there has been a continued focus on systemic and multiple victim lawsuits. Significant settlements and jury trial verdicts also are highlighted.

In Part Two, key regulatory developments are reviewed, including the EEOC’s activities beyond formal regulatory efforts, as well as areas in which the EEOC plans to focus its efforts during the coming year.

Part Three highlights key court cases addressing a number of topics, including: (1) the permitted scope of EEOC investigations and noteworthy subpoena enforcement actions; (2) significant pleading issues that have arisen in lawsuits filed by the EEOC; (3) recent developments involving the limitations period applicable to individuals on whose behalf the EEOC may seek relief in pattern or practice litigation; (4) conciliation efforts and cases in which courts have challenged EEOC actions based on the Commission’s failure to engage in good faith conciliation; (5) recent cases addressing discovery, including reviewing a recent trend by the courts to treat the EEOC in a manner similar to other plaintiffs in EEO litigation; (6) noteworthy summary judgment rulings in EEOC litigation, particularly focusing on pattern or practice litigation; and (7) rulings in which courts have awarded attorneys’ fees and costs to employers that have prevailed in actions initiated by the EEOC.

We are hopeful that this Report serves as a useful resource for employers in their EEO compliance activities and helpful guidance when faced with litigation involving the EEOC.