©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 69 Second, the media statement will include a statement of claims, describing the complained of discrimination, harassment, and/or retaliation, including factual and legal allegations. The more aggressive press releases will set forth the most sensational and detailed allegations, whereas the measured versions may state the allegations in more bland terms, which can sometimes be so vague that it is difficult to divine what the claims were based upon in the first place. Third, the Commission will include quotes from the relevant District Director and possibly a Regional Attorney involved in the litigation. The tone of the EEOC’s quotes can vary greatly, depending on, among other things, the importance of the issue to the Commission’s strategic goals, the duration of the litigation, and resources expended. Excluding conciliation media statements, on very rare occasions, the EEOC may allow a quote from the employer on the resolution of the lawsuit. Although it is unlikely the Commission will agree to such a statement, if the litigation and settlement proceed amicably, it is certainly worth attempting to negotiate the point. Finally, the media statement will conclude with a statement of the EEOC’s mission (e.g. “The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination”). Media statements that make note of the SEP are more likely to be among the more aggressive. Emerging Issues With Media Exposure. As the Commission media strategy has evolved, it has made continued efforts to increase its audience and distribution of these statements for maximum effect. The EEOC has also been known to conduct press conferences announcing a new suit112 or trumpeting an EEOC victory.113 But now the EEOC also publishes many of its media statements on social media, like Twitter. It has also taken to issuing relevant media statements in multiple languages depending upon the employees and employer at issue.114 For as long as the EEOC places a priority on publicity, it will no doubt continue to search for new ways to increase their audience. Practical Considerations for Employers. For employers who find themselves involved in an EEOC enforcement action, it is important not to lose sight of the Commission’s use of its media statement as both carrot and stick. The EEOC places considerable value on shining a spotlight on its enforcement efforts, especially those which advance its strategic goals. While it is unlikely that the EEOC will allow the employer too much say in the issued statement, when negotiating resolution with the EEOC, where possible, employers should use the Commission’s goal of publicity as a possible bargaining chip to achieve the best possible outcome for the inevitable media statement. Moreover, by understanding the Commission’s strategic goals, employers will gain a greater awareness of what tone and tenor the EEOC’s statement will take upon resolution, and can prepare accordingly. 112 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, EEOC TO ANNOUNCE FILING OF DISABILITY LAWSUIT (May 22, 1996), https://www.eeoc.gov/newsroom/eeoc-announce-filing-disability-lawsuit. 113 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, ABM Industries Settlement Press Conference, https://www.eeoc.gov/ abm-industries-settlement-press-conference. 114 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, GE Oil & Gas Pagará $5,300 Por Desacato En Citación De La EEOC En El Cumplimiento De Acción (Feb. 19, 2015), https://www.eeoc.gov/newsroom/ge-oil-gas-pagara-5300-por-desacato-en-citacion-de-la-eeoc-en-elcumplimiento-de-accion; Press Release, U.S. Equal Employment Opportunity Commission, Wal-Mart Pagará $150,000 Para Resolver Demanda Por Discriminación a Base De Edad Y La Discapacidad Por la EEOC (Feb. 19, 2015), https://www.eeoc.gov/newsroom/wal-mart-pagara-150000para-resolver-demanda-por-discriminacion-base-de-edad-y-la; Press Release, U.S. Equal Employment Opportunity Commission, EZEFLOW USA, Inc. Pagará $65,000 Para Resolver Demanda por Discriminación A Base De Discapacidad Por La EEOC (Jan. 9, 2015), https://www.eeoc.gov/ newsroom/ezeflow-usa-inc-pagara-65000-para-resolver-demanda-por-discriminacion-base-de-discapacidad.
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