February 28th, 2017 | Lisa Milam-Perez
National labor and employment firm Littler Mendelson has just issued a valuable resource for employers: its latest Report on EEOC Developments.
The management-side law firm’s annual report—its sixth installment—is a comprehensive guide to significant EEOC developments in fiscal year 2016. It includes a summary of the year’s case law and litigation statistics, as well as an analysis of the Commission’s achievements and setbacks, and their implications. The aim is intended as a roadmap for employers to where the EEOC is headed in the coming year.
The report opens with a summary, including an overview of key EEOC developments in FY 2016, a review of the EEOC’s systemic enforcement initiative, and a look at the Commission’s current priorities and its progress on its systemic goals.
Detailed sections include:
- A discussion of EEOC charge activity, litigation and settlements in FY 2016, focusing on the types and location of lawsuits filed by the Commission.
- An overview of legislative and regulatory activity involving the EEOC—formal rulemaking, informal guidance on new and evolving workplace concerns, and public meetings on agency priorities. The section also highlights recent and emerging trends at the agency level, including the Commission’s efforts to adhere to its strategic enforcement plan.
- A summary of the EEOC’s investigations and subpoena enforcement actions, particularly where the EEOC has made broad-based requests to conduct class-type investigations; the chapter also discusses case law addressing the EEOC’s authority to do so.
- A chapter on FY 2016 litigation in which the EEOC was a party, with subsections including: (1) pleading deficiencies raised by employers; (2) statutes of limitations cases involving both pattern-or-practice and other types of claims; (3) intervention-related issues, both when the EEOC attempts to enter a case through intervention and when third parties attempt to join as plaintiffs in EEOC-filed lawsuits; (4) class discovery issues in EEOC litigation, including bifurcation, identification of class members and/or communication with the class, and other discovery in pattern-or-practice litigation; (5) other critical issues in EEOC litigation, including reliance on experts, class litigation, and background check litigation; (6) general discovery issues involving both employers and the EEOC in litigation between the parties; (7) favorable and unfavorable summary judgment rulings and lessons learned; (8) trial-related issues; and (9) circumstances in which courts have awarded attorneys’ fees to prevailing parties.
Four report appendices cover details on noteworthy EEOC consent decrees, conciliation agreements, judgments and jury verdicts; appellate cases in which the EEOC has filed an amicus or appellate brief (and a discussion of decided appellate cases last year); a companion guide summarizing select subpoena enforcement actions undertaken by the EEOC during the last fiscal year; and a report of summary judgment decisions by claim type.
“We hope that this Report serves as a useful resource for employers in their EEO compliance activities and provides helpful guidance when faced with litigation involving the EEOC,” the authors said in a statement announcing the publication’s release.