Handling EEOC Systemic and Individual Discrimination Investigations and Litigation


handling_eeoc_systemic_and_individual_discrimination_investigations_and_…This practice note addresses how to effectively represent an employer in both individual and systemic investigations and litigations by the U.S. Equal Employment Opportunity Commission (EEOC or Commission). The EEOC investigates cases against public and private employers arising under federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and the Equal Pay Act (EPA). The Commission has authority to litigate against private employers under all of these statutes, and against public employers under the ADEA and the EPA. This practice note discusses the following issues:

  • What Is the EEOC’s Systemic Program?
  • What Types of Charges Are Most Likely to Become Systemic Investigations?
  • Defending against an Individual or Systemic EEOC Investigation
  • Conciliating Individual and Systemic Charges
  • Litigating an Individual Case against the EEOC
  • Litigating a Systemic Case against the EEOC

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