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 SpikeBy: 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 PrioritiesBy: 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 ProcessesBy: 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
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 DecisionBy: 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 IndustryBy: Annette Tyman and Andrew Scroggins
Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the
Continue Reading EEOC Issues Technical Assistance Guidance On The Use Of Advanced Technology Tools, Including Artificial IntelligenceBy: Christopher Kelleher, Adam Rongo, and Christopher DeGroff
Seyfarth Synopsis: The EEOC has released technical assistance on preventing workplace harassment in the federal sector. While the guidance does not specifically apply to private employers, it provides important lessons for employers when dealing with workplace harassment and avoiding liability in employment litigation, and insight into how the EEOC views
Continue Reading Government Heal Thyself – Lessons for Private Employers Revealed in EEOC Public Sector Harassment GuidanceBy: Christopher DeGroff, Andrew Scroggins, Sarah Bauman, and James Nasiri
Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic Plan for FYs 2018-2022. A close read of the APR reveals
Continue Reading EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance Report
It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of even greater change at the EEOC. Seyfarth’s EEOC-Initiated Litigation report features a look ahead – and a
Continue Reading Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOC