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


Conducted on Wednesday, May 2, 2012

Recorded event now available

or call 1-800-926-7926

This CLE webinar 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.

Description

The EEOC's new strategic plan, approved Feb. 22, 2012, renews the agency's focus on systemic discrimination litigation. The EEOC is primarily targeting criminal background and credit checks, pregnancy and child care discrimination, age discrimination, and disability discrimination.

Legal issues that commonly arise during systemic discrimination litigation relate to "beyond the scope of underlying investigations" arguments and the EEOC's duty to conciliate claims.

Employment counsel must understand the EEOC's key areas of focus under the new strategic plan and how an employer's response to an individual charge may impact whether that employer is targeted for a systemic discrimination lawsuit.

Listen as our authoritative panel of employment litigators reviews the EEOC's new systemic litigation initiative, how the EEOC is litigating these cases, and areas in which the EEOC has been successful or has not. The panel will discuss best practices for employers when responding to individual charges to minimize the likelihood of becoming a target for a systemic claim.

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Outline

  1. EEOC's current areas of focus for systemic litigation
    1. Barriers to employment (background checks, credit checks, pre-employment testing)
    2. Pregnancy and child care discrimination
    3. Age disparate impact
    4. Disability discrimination and leave practices
  2. Common legal issues during systemic litigation
    1. "Beyond scope of underlying investigation" arguments
    2. Distinctions between 706 and 707 claims
    3. Duty to conciliate
  3. Best practices to respond to individual EEOC charges and avoid systemic litigation
  4. 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
Maritoni D. Kane

Counsel
Mayer Brown

Ms. Kane represents clients in matters before federal and state courts and various administrative agencies, including...  |  Read More

Alison B. Marshall
Alison B. Marshall

Partner
Jones Day

Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters...  |  Read More

Eric S. Dreiband
Eric S. Dreiband

Partner
Jones Day

Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour...  |  Read More

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