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In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race- or sex-based favoritism,” President Trump issued a new Executive Order on April 23, 2025, titled “Restoring Equality of Opportunity and Meritocracy.” The order specifically targets disparate impact liability. Background on Title VII Disparate Impact Liability Title VII of the Civil […]
by Leslie Silverman Employers should be aware that the position statements they submit to the Equal Employment Opportunity Commission (EEOC) are now far more likely to end up in the hands of the employees who filed those charges and their attorneys. The agency has instructed all of its 53 field offices to release respondents’ position […]
by Ryann E. Ricchio Equal Employment Opportunity Commission (EEOC) charges have clearly become a cost of doing business for many (if not most) employers today. Like anything else, employers can get into a routine—or maybe even a “rut”—in investigating and responding to charges. This article provides a refresher on how to successfully defend EEOC and […]
by Jerome Rose The Equal Employment Opportunity Commission (EEOC) has been pursuing cases beyond its traditional reach to expand its enforcement authority toward a goal of developing and litigating systemic cases (i.e., cases in which a policy or practice discriminates on a broader basis, as opposed to a single decision affecting a single employee). As […]
The Equal Employment Opportunity Commission (EEOC)—long tasked with protecting workers from unfair treatment—is now coming under fire for what some claim is unfair treatment perpetrated by the agency itself. Republicans on the Senate Committee on Health, Education, Labor and Pensions issued the Minority Staff Report “EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, […]
by Charles S. Plumb It’s no secret to employers that the Equal Employment Opportunity Commission (EEOC) has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s treatment of Case New Holland, Inc., takes “pushing the envelope” to a new level. To make matters worse, a federal […]
by Amanda Jones Title VII of the Civil Rights Act of 1964 mandates that after the Equal Employment Opportunity Commission (EEOC) has investigated a charge of discrimination and determined there’s reasonable cause to believe the claim is true, it must try to negotiate a settlement with the employer through a conciliation process before filing a […]