When the EEOC Comes Knocking

Description

On January 2, the EEOC announced a record $2.5 million settlement of a racial discrimination and retaliation claim it negotiated on behalf of a former Lockheed Martin employee.

An EEOC investigation is one of the most complex and disruptive events a company will face because even "routine" EEOC matters involve tricky compliance questions and delicate privacy and privilege issues. Litigation arising from EEOC claims costs employers more than $44.3 million annually.

The EEOC's multi-million dollar settlement with Lockheed should alert all employers to investigate and address any potential allegations of discrimination immediately and thoroughly. Counsel for employers must develop proactive legal strategies for defending against an EEOC claim should it arise.

Listen as our authoritative panel explains how the EEOC approaches and carries out its investigations. The panel will provide best practices for responding to a request for a position statement, developing discovery geared towards a positive outcome, and managing claims to avoid expensive litigation.

Outline

1. Investigative process—EEOC charges
   1. Position statement
   2. Discovery
   3. Subpoena power of the EEOC
   4. Constraints on agency investigations
   5. Resolution of Commissioner’s charge
   6. Freedom of Information Act Requests
2. Privileges
   1. Deliberative process
   2. Confidentiality
   3. Attorney-Client
3. Class litigation
   1. No Rule 23 compliance required
   2. Ethical considerations
4. EEOC intervention in individual and class cases
5. Recent settlements and remedies
6. Settlement
   1. Differences in settlement with the EEOC and private litigants
   2. Typical requirements
   3. Impact of decision-making chain
   4. Impact of expanded ADR at the EEOC
7. Enforcement
   1. Enforcement of final orders
   2. Compliance with settlements

Benefits

The panel reviewed these and other key questions: 

• How can counsel effectively prepare a position statement response to the EEOC—one that won't end up as evidence against the company?
• What legal rights do companies have in responding to an EEOC investigation?
• How have court decisions restricted EEOC investigations?
• What are the benefits and pitfalls of alternative dispute resolution with EEOC complaints?
• What should companies consider in evaluating settlements of EEOC claims?

CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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