©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | i Dear Clients and Friends, Seyfarth Shaw is once again pleased to provide you with the latest edition of our annual analysis of trends and developments in Equal Employment Opportunity Commission litigation, EEOC-Initiated Litigation: 2024 Edition. This desk reference compiles, analyzes, and categorizes the major case filings and decisions involving the EEOC in 2023 and recaps the major policy and political changes we observed in the past year. Our goal is to guide our readers through all aspects of EEOC-initiated litigation, and to empower corporate counsel, human resources professionals, and operations teams to make sound and informed legal and business decisions. We hope that you find this report useful. And there is so much to explore: 2023 was a whirlwind of change and activity for the agency. We saw the balance of power shift to a Democratic majority with the confirmation of a new Commissioner—a development that has already translated to significant change within the agency and will impact the EEOC for years to come. A new General Counsel also took her seat at the EEOC table; a role that has historically been impactful in shaping EEOC’s agenda and strategy. The EEOC developed a new five-year Strategic Enforcement Plan in 2023, describing its substantive goals through 2028. The EEOC also published its similarly-named but distinct Strategic Plan, outlining just how the agency intends to tackle its substantive goals. Each of these developments, and what those developments mean for employers, will be discussed in detail herein. Part I of this reference introduces the key players in the EEOC, and how their unique views on employment and societal issues will shape real-world application of EEO statutes. Part II is an in-depth review of the EEOC’s evolving strategic priorities. This includes a fascinating overview of the emerging intersection between Artificial Intelligence issues and the EEOC’s agenda, equal pay protections and how the agency plans to address historical pay disparities, a new look at preventing harassment in the workplace, and the EEOC’s plans to double-down on large scale litigation, among a host of other topics. Back by popular demand, Part III includes a detailed profile of each EEOC District. Practitioners who work with and litigate against the EEOC quickly appreciate that each District has a unique personality and often differing substantive focus areas. It is all about location, location, location. Part IV paints the EEOC by the numbers: an empirical analysis of how the EEOC actually targeted employment issues in 2023, and how those trends will translate to activity in 2024. Part V is a deeper dive into how the EEOC has addressed particular industries, identifying which sectors tend to land in the EEOC’s crosshairs most often, why, and for which issues. Part VI is a new section of our annual publication, exploring the various ways EEOC actions are resolved, from confidential conciliation to Court-ordered Consent Decrees. Finally, Part VII provides related guidance concerning how the EEOC leverages the media at various stages in a case. A special thanks to the team of lawyers and professionals who made this publication possible with tireless efforts throughout the year. This book is meant to be the start of a conversation, and we are standing by to address any further questions or issues our readers wish to share. Andrew L. Scroggins (Editor) Christopher J. DeGroff (Editor)
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