When the EEOC Comes Knocking

Anticipating and Responding to Discrimination and Retaliation Investigations

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

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Conducted on Thursday, July 21, 2011

Recorded event now available

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Course Materials

This CLE course will provide a roadmap for employment counsel for navigating the EEOC's process for investigating allegations of employment discrimination and retaliation. The panel will outline forward-thinking strategies to implement before discrimination investigations, claims and litigation ensue.

Description

EEOC filings continue to soar, with nearly 100,000 claims filed in 2010. The EEOC is vigorously pursuing failure-to-hire claims, issuing multiple commissioner's charges, and filing lawsuits on such issues as the use of criminal background checks and pre-employment testing in hiring.

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

Counsel for employers must investigate and address all allegations of discrimination immediately and thoroughly—and develop proactive legal strategies for responding to investigations and defending against EEOC claims.

Listen as our panel of employment law attorneys discusses current trends in EEOC enforcement and explains how the EEOC approaches and carries out investigations. The panel will provide best practices for counsel when advising an employer on responding to a discrimination charge and participating in EEOC settlement negotiations.

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Outline

  1. Current EEOC enforcement trends
    1. Failure to hire claims
    2. Criminal background checks
    3. Pre-employment testing
    4. Lilly Ledbetter Fair Pay Act claims
  2. EEOC investigative process
    1. Evaluating the charge
    2. Preparing the position statement
    3. Discovery strategies, including use of privileges
    4. Preparing for potential Freedom of Information Act requests
    5. Subpoena power of the EEOC
  3. Settlement considerations
    1. When charges are not settled early
    2. EEOC settlements versus private litigation settlements
    3. Typical requirements
    4. Impact of decision-making chain
    5. Impact of expanded ADR at EEOC
  4. Enforcement of EEOC settlements and final orders
    1. Enforcement of final orders
    2. Compliance with settlements

Benefits

The panel will review these and other key questions:

  • How can counsel effectively prepare a position statement in response to an EEOC investigation—one that won't end up as evidence against the company?
  • What should companies consider in evaluating settlements of EEOC claims?
  • How has the expanded use of ADR by the EEOC impacted the settlement of EEOC claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

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

Teresa R. Tracy
Teresa R. Tracy
Principal
Gladstone Michel Weisberg Willner & Sloane

She chairs the firm's Labor and Employment Group. She represents management in all areas of labor and employment...  |  Read More

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