Systemic Discrimination

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While most EEOC enforcement actions are related to individual complaints of discrimination and/or retaliation, so-called “pattern or practice” matters are those in which the EEOC attempts to show that an employer has systematically engaged in discriminatory activities. On September 3, 2020, the EEOC issued an opinion letter clarifying that section 707(a) does not provide a freestanding violation of Title VII, and that claims under section 707(a) are subject to section 706’s pre-suit requirements.
Continue Reading The EEOC Scales Back its Own Enforcement Powers through Clarification of its Interpretation of Pattern or Practice Case Requirements

In EEOC v. McLane Co., Inc., the Ninth Circuit recently held that the EEOC has broad subpoena powers to obtain nationwide private personnel information, including social security numbers (“SSNs”), in connection with its investigation of a sex discrimination charge.
Continue Reading EEOC Allowed Broad Access to Private Information, Including Social Security Numbers

The Department of Labor is increasingly focused on identifying and pursuing claims of systemic discrimination, both in EEOC charge investigations and OFCCP audits. In this type of claim, the government challenges a policy or practice that (allegedly) disadvantages an entire group of protected employees. These claims are dangerous for employers because they can cover hundreds of work locations and thousands of employees. Employers often unwittingly set themselves up for these claims, by failing to recognize the implications of a seemingly routine information request.
Continue Reading You’re Invited: Systemic Discrimination Under the EEOC and OFCCP