EEOC's New Focus on Systemic Discrimination Litigation
Preparing for Increased Scrutiny, Navigating Complex Legal Issues, and Minimizing Exposure to Systemic Lawsuits
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review the EEOC's new systemic discrimination initiative, discuss issues that arise in systemic discrimination litigation, and offer best practices for responding to individual charges to avoid becoming a target for a systemic discrimination suit.
Outline
- EEOC's current areas of focus for systemic litigation
- Barriers to employment (background checks, credit checks, pre-employment testing)
- Pregnancy and child care discrimination
- Age disparate impact
- Disability discrimination and leave practices
- Common legal issues during systemic litigation
- "Beyond scope of underlying investigation" arguments
- Distinctions between 706 and 707 claims
- Duty to conciliate
- Best practices to respond to individual EEOC charges and avoid systemic litigation
- Settling EEOC cases
Benefits
The panel will review these and other key questions:
- What specific employment actions has the EEOC targeted as areas ripe for systemic discrimination litigation?
- What legal issues typically arise during systemic discrimination litigation and what guidance does recent case law provide for addressing the issues?
- What steps should employers and their counsel take to prepare for more aggressive systemic discrimination litigation and to avoid such lawsuits?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Maritoni D. Kane
Counsel
Mayer Brown
Ms. Kane represents clients in matters before federal and state courts and various administrative agencies, including... | Read More
Ms. Kane represents clients in matters before federal and state courts and various administrative agencies, including defenses of individual and class claims under EEO laws, collective actions under the FLSA, tort claims, breach-of-contract claims, employee safety and health claims, collective bargaining and unfair labor practice claims, and benefits claims.
CloseAlison B. Marshall
Partner
Jones Day
Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters... | Read More
Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters including employment discrimination class actions and wage and hour class actions. She is a frequent speaker on employment and civil rights issues and the author of a number of published articles on EEO issues.
CloseEric S. Dreiband
Partner
Jones Day
Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour... | Read More
Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour litigation. He counsels clients on compliance with these labor and employment laws as well. From 2003 to 2005, he served as General Counsel of the U.S. Equal Employment Opportunity Commission. Prior to that, he served as Deputy Administrator of the U.S. Department of Labor's Wage and Hour Division.
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