Recent EEOC Developments and What to Watch for in 2016

As employers know, the Equal Employment Opportunity Commission (EEOC) has been extremely active over the past year, and the January 29, 2016 announcement of proposed changes to the Annual EEO-1 Report requesting pay data clearly shows that 2016 also will be an active year for the agency. The EEOC recently rolled out a new digital charge processing system and in early January 2016 announced that it will share the employer’s position statements with charging parties.

Barry Hartstein, Co-Chair of Littler’s EEO & Diversity Practice and the Executive Editor of Littler’s Annual Report on EEOC Developments, and Gordana Vasic, Assistant Vice President in the Employment Practices Liability Claims group at AIG, will review these significant developments, as well as key developments over the past year and what to watch for in 2016.

Topics:

• Key statistics, including review of data involving systemic investigations and related litigation
• Review of the EEOC’s digital charge processing system and guidelines dealing with employer position statements
• The View from Washington and noteworthy regulatory developments
• An update on procedural developments, including the impact of Mach Mining and recent cases discussing the decision
• An update on key EEOC litigation related to the EEOC’s Strategic Enforcement Plan involving:
  1. Hiring and recruitment barriers, including large-scale claims involving both intentional discrimination and disparate impact claims implicating criminal history and testing practices
  2. Emerging trends, particularly focusing on litigation involving pregnancy discrimination, religious accommodation, reasonable accommodation and other significant challenges under the ADA, and evolving LGBT rights under Title VII
  3. Enforcing Equal Pay laws and the proposed new EE0-1 Report that will include pay data
  4. Preserving access to EEOC processes, including EEOC- initiated litigation without charges, or conciliation involving releases and arbitration plans
  5. Preventing harassment on the basis of sex, race and other forms of harassment through systemic enforcement
• Final Takeaways for EEOC compliance in 2016

Registration and Breakfast: 8:00 – 8:30 am

Presentation: 8:30 – 10:00 am