ARTICLE
11 January 2021

EEOC Update: The Commission Launches A New A To Z Webpage About Systemic Discrimination Enforcement

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Seyfarth Shaw LLP

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With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
Seyfarth Synopsis: On January 8, 2021, the EEOC unveiled a new webpage explaining the administrative and litigation tools...
United States Employment and HR
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Seyfarth Synopsis: On January 8, 2021, the EEOC unveiled a new webpage explaining the administrative and litigation tools used by the Commission to identify and pursue systemic discriminatory practices. This new guidance is the latest in a number of high priority developments at the EEOC this year and is an absolute must-read for employers.

As part of its recent shift to make its processes more transparent to employers and the public, the EEOC's new webpage provides insights about how the Commission approaches systemic discrimination enforcement efforts. Historically, the EEOC described systemic cases as pattern or practice cases – also often called systemic cases (but not to be confused with Rule 23 class actions, since Rule 23 does not apply to lawsuits brought by the EEOC) – where the discrimination has a significant impact on an industry, profession, company, or geographic location. Over the past several years, the EEOC has taken steps to improve its nationwide approach to addressing systemic issues.

Now, for the first time in several years, this new webpage provides a specific statement about how the Commission defines "systemic" and its approach to addressing such issues. Specifically, the webpage provides background on how the Commission determines that systemic enforcement is effective, explains how the EEOC decides what qualifies as systemic discrimination, and outlines the Commission's process for initiating and conducting a systemic case.

In the press release announcing the webpage, EEOC Chair Janet Dhillon stated that "[t]he EEOC is strongly committed to making our processes fully transparent and useful to the public," and that "[s]ystemic enforcement is an important mechanism the Commission uses to remedy discrimination that has broad impacts on industries, professions, or geographic areas. It is vital that the public knows how we use this tool."

Implications For Employers

The EEOC's new webpage is not only helpful to employers, but also is likely a way for the Commission to instruct its field staff now and in the future as to how to identify and address systemic discrimination. The EEOC's latest shift toward transparency will likely improve consistency among the EEOC's field offices and provides guidance for employers who are dealing with the Commission on these issues.

The ongoing changes at the Commission are a must-watch for employers as the EEOC continues in its 2021 fiscal year, and we will be tracking the latest developments here.

Originally Published by Seyfarth Shaw, January 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
11 January 2021

EEOC Update: The Commission Launches A New A To Z Webpage About Systemic Discrimination Enforcement

United States Employment and HR

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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