Expanding Value of EEOC Charge Conciliation: New Rules for Information Sharing

Amendments to Procedural Regulations Governing Title VII, ADA, ADEA, and the Genetic Information Nondiscrimination Act

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, January 13, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide employment counsel with practical techniques to handle EEOC investigations based upon the October 2020 proposed rules that made procedural changes to EEOC charges' resolution. Our panel will outline strategic techniques to prepare for on-site investigations, navigate good faith conciliation with the EEOC, negotiate settlements, and more.

Description

A proposed rule published by the EEOC on Oct. 9, 2020, became final at the end of 2020. The new rules provide the possibility of expanded information sharing between respondents/employers in connection with the agency's conciliation efforts.

Counsel to employers should appropriately advise clients on investigation response and participation strategies to avoid a finding of reasonable cause to support the employee's allegations. Previously, businesses were concerned with participating in conciliation due to the U.S. Supreme Court decision to approve the EEOC's practice of providing only basic facts in conciliation and decline to require the EEOC to operate in good faith during conciliation.

The new regulations require the EEOC to provide a respondent with substantially more information. However, while the new rules are a promising development for employers, it may not go far enough. EEOC is not required to identify potential class members in a claim and the rules fail to enforce a good faith standard for the EEOC.

Listen as our distinguished panel discusses preparing for EEOC investigations under the new rules. The panelists will review negotiation tactics, considerations for determining whether to accept a settlement offer, and techniques in enforcing the good faith requirement.

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Outline

  1. Backgroud of rule changes
  2. Prior conciliation process
  3. New conciliation process
  4. Remaining issues with conciliation

Benefits

The panel will review these and other relevant topics:

  • What are the important changes to EEOC conciliation under the new rule?
  • What should counsel consider when entering into EEOC conciliation under the new rule?
  • What issues do businesses and counsel still have in response to EEOC conciliation?

Faculty

Kosovych, Adriana
Adriana S. Kosovych

Attorney
Epstein Becker & Green

Ms. Kosovych’s experience includes: representing clients in employment-related litigation on a broad array of...  |  Read More

Morris, Frank
Frank C. Morris, Jr.

Member
Epstein Becker & Green

Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office,...  |  Read More

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