Sounds like we can expect a continuation of the Equal Employment Opportunity Commission’s aggressive approach to the enforcement of anti-bias laws.
Richard B. Cohen, writing on Fox Rothschild’s Employment Discrimination Report, outlined the presentation of two EEOC attorneys at a conference last week.
Some highlights of what Cohen had to report:
The EEOC’s continuing its practice of going after the “big cases” — the ones involving “systemic discrimination” among potential nationwide class members. The rationale? Such cases give “a bigger bang for the taxpayers’ buck.”
The agency considers four factors in deciding to litigate a case, Cohen said:
- the number of potential claimants
- the area of the law the charge involves
- whether the complaint alleges bias against a vulnerable group of workers, and
- whether the case could have a significant impact in shaping the law.
Current EEOC litigation priorities include:
- systemic discrimination, especially in recruitment and hiring
- cases involving immigrant, migrant, or other vulnerable workers
- discrimination against members of the lesbian, gay, bisexual, and transgender (LGBT) community, and forced unpaid leave as an accommodation for pregnant workers, and
- sexual harassment cases.