68 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP “ We thank [the employer] for its commitment to settle this case before the sides incurred significant costs and its willingness to ensure a level playing field for its pregnant employees seeking job modifications, including light duty work, otherwise available to non-pregnant employees,” said EEOC Chicago Regional Attorney Gregory M. Gochanour. “The EEOC will continue to enforce the federal laws so that all pregnant employees have the same opportunities as non-pregnant employees to contribute to our thriving economy,” said Julianne Bowman, the EEOC’s District Director for the Chicago District Office. Although “friendly” media statements are the exception, not the rule, the EEOC is more likely to publish such a statement to incentivize other employers to similarly resolve enforcement actions. A Word On Conciliation Media Statements. Historically, the EEOC has issued media statements primarily for lawsuits, as conciliation is intended to be a confidential process. Indeed, one of the chief reasons for employers to engage in pre-suit conciliation is the carrot of confidential resolution. Interestingly, however, we have seen a trend of the EEOC issuing presumably agreed-upon media statement for matters settled in conciliation. Accordingly, the employer has a degree of leverage in negotiating these publications. As one might imagine, conciliation media statements are, thus, more positive in tone.110 Further, on occasion, the employer may also make a statement, which at minimum disclaims any liability—something rarely, if ever, allowed in a litigation media statement. Anatomy Of A Media Statement. Regardless of the tone, EEOC media statements are consistent in their basic elements and structure. First, there will be a headline crafted to be eye-catching, such as “Paramount Mailing Company Punished Female Employees for Complaining About Abuse, Federal Agency Charges.” 111 Below is a word cloud, highlighting the most common words and phrases employed by the EEOC in its 2018 headlines. Not surprisingly, in the current environment, “Sexual” and “Harassment” play prominently. 110 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, G4S Secure Solutions Settles EEOC Disability Discrimination Charge for $90,000 (Sept. 4, 2018), https://www.eeoc.gov/newsroom/g4s-secure-solutions-settles-eeoc-disability-discrimination-charge-90000. 111 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues Sierra Creative Systems / Addressers for Sexual Harassment and Retaliation (June 13, 2018), https://www.eeoc.gov/newsroom/eeoc-sues-sierra-creative-systems-addressers-sexual-harassment-and-retaliation.
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