©2025 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2025 EDITION | 80 79 | EEOC-INITIATED LITIGATION: 2025 EDITION ©2025 Seyfarth Shaw LLP “This settlement is both strong and just,” said Rudy Sustaita, regional attorney for the EEOC’s Houston District Office. “[The employer] has given us every indication that it intends to comply with the ADA in the future.” And on occasion, it will even border on “friendly” – including a statement of appreciation to the employer for its cooperation in resolving the litigation.123 In a suit brought in Wisconsin, filed and settled within five months, the Commission was quoted as stating: “ 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 statements 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.124 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. However, the EEOC will issue media statements on the conciliation process where it alleges that an employer failed to comply with the terms of a conciliation agreement. For example, on October 7, 2024, the EEOC did release a press release claiming that a staffing agency violated the law by refusing to comply with the terms of a conciliation agreement regarding a classwide national origin discrimination finding.125 The EEOC alleges that the staffing agency refused to honor its obligations under the agreement and “pa[id] only a portion of the amount promised to the workers” and failed to report to the EEOC. In its press release, an EEOC Trial Attorney was quoted stating, “When an employer signs and then ignores an EEOC conciliation agreement, it signals contempt for the law and harms both the victims of discrimination and the public interest. We want to put employers on notice that the EEOC will enforce these agreements when respondents fail to comply.” 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. In prior years, these headlines tended to be punchier, such as “Paramount Mailing Company Punished Female Employees for Complaining About Abuse, Federal Agency Charges.” 126 More recently, headlines have tended to be short and to the point, though they are still designed to draw a reader’s attention, such as “EEOC Sues New York Beer Project for Discriminating 123 Press Release, U.S. Equal Employment Opportunity Commission, Silverado to Pay $80,000 to Settle EEOC Pregnancy Discrimination Lawsuit (Jan. 29, 2018), https://www.eeoc.gov/newsroom/silverado-pay-80000-settle-eeoc-pregnancy-discrimination-lawsuit. 124 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, Strategic Systems to Pay $15,000 in EEOC Sex Discrimination Charge (Sept. 30, 2024) https://www.eeoc.gov/newsroom/strategic-systems-pay-15000-eeoc-sex-discrimination-charge; 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. 125 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues Total Employment and Management for Breaching Conciliation Agreement (October 7, 2024) https://www.eeoc.gov/newsroom/eeoc-sues-total-employment-and-management-breaching-conciliation-agreement 126 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues Sierra Creative SystemsAddressers for Sexual Harassment and Retaliation (June 13, 2018), https://www.eeoc.gov/newsroom/eeoc-sues-sierra-creative-systems-addressers-sexual-harassment-and-retaliation. Against Employees Because of Their Medical Conditions.” 127 Below is a word cloud, highlighting the most common words and phrases employed by the EEOC in its 2024 headlines. Not surprisingly, in the current environment, “Disability,” “Sexual” and “Harassment” play prominently. 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 suit 128 or trumpeting an EEOC 127 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues New York Beer Project for Discriminating Against Employees Because of Their Medical Conditions (April 24, 2024), https://www.eeoc.gov/newsroom/eeoc-sues-new-york-beer-project-discriminating-against-employeesbecause-their-medical#:~:text=According%20to%20the%20EEOC%27s%20lawsuit,he%20had%20a%20nocturnal%20seizure. 128 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.
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