Author: Seyfarth Shaw LLP

Each year, our team at Seyfarth analyzes every EEOC case filing—as well as EEOC-related legal decisions from around the country—to compile the definitive A-Z desk reference for “everything EEOC.” As we turn the page into 2024, we are pleased to announce the publication of Seyfarth Shaw’s 2024 Edition of its EEOC-Initiated Litigation Report.

This year’s

Continue Reading Seyfarth’s 2024 EEOC-Initiated Litigation Report Explains the Driving Forces Behind the Surge in EEOC Filings

By: Christine M. CostantinoTaylor Iaculla, and Andrew Scroggins

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in

Continue Reading Justices Mull Fundamental Change To Proving Claims Of Discrimination During Oral Argument On Muldrow v. City of St. Louis

By: Rachel V. See

Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST.  The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The

Continue Reading How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following President Biden’s Executive Order on AI

By: Rachel V. See and Andrew L. Scroggins

Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by directing and advocating for EEOC’s litigators, both internally and externally. An accomplished disability-rights litigator, Gilbride

Continue Reading Senate Confirms New EEOC General Counsel As New Case Filings Climb

By: Christopher J. DeGroff, Andrew L. Scroggins, and James P. Nasiri

Seyfarth Synopsis: Following the EEOC’s aggressive litigation posture in the Obama-era, the Commission’s federal case filings has been markedly sluggish, at least in part because of transitions in leadership. Seyfarth forecasted changes were imminent in FY 2023, with the EEOC’s hefty budget increase and a likely Democratic

Continue Reading EEOC Litigation in Overdrive:  Deciphering the EEOC’s FY2023 Case Filing Spike 

By: Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By: Christopher DeGroff, James Nasiri, and Rachel See

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives over the coming years, and also sets forth various performance metrics under which its activities will be measured. Particularly

Continue Reading EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

By: Andrew Scroggins and James Nasiri

Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the experiences of the American workforce and how individuals feel they have been treated over the past year. In FY 2022, the

Continue Reading Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges

By: Matthew J. Gagnon

Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in Bostock v. Clayton County. Bostock held that discrimination on the bases of sexual preference or gender identity are prohibited by

Continue Reading Pride Month Message From EEOC Chair Highlights Continuing Impact of the Bostock Decision

By: Christopher DeGroff, Andrew Scroggins, and Christopher Kelleher

Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in the restaurant industry. According to the EEOC, these workers are particularly vulnerable to harassment and

Continue Reading EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry