Insiders share EEOC trends, insights Two district office Equal Employment Opportunity Commission attorneys were part of a panel of experts who met recently for an ABA CLE, “Ask the EEOC,” to discuss current trends in EEOC claims practices, investigative tools and best practices. For the first time, retaliation charges have surpassed gender charges in claims brought before the EEOC, said Mary Jo O’Neill, regional attorney in the commission’s Phoenix office. Race claims continue to be high, with religion and age charges increasing, though they are still a relatively small number by comparison. Diane Smason, supervisory trial attorney, Chicago district office of the EEOC, explained that the commission has the authority to broaden the scope of a charge, for example, when there’s an allegation of bias against hiring minorities. A respondent can best cooperate with an investigation by providing evidence that discrimination is not occurring. Smason also provided some dos and don’ts in dealing with the EEOC: - Do treat investigators with respect. Investigators may or may not be lawyers, but they are trained in these issues. Don’t be condescending.
- Try not to go around investigators. This, of course, does not hold in the event a lawyer believes there is misconduct on the part of the investigator.
- Don’t argue the law with an investigator. Of course, you may provide it, but don’t push.
- Don’t badmouth the charging party. It falls on deaf ears. Provide evidence, certainly, but don’t get into the realm of the negative.
- Give the investigator what is requested. Resistance tends to arouse suspicion.
Investigative tools the EEOC has at hand were also discussed. Among them: mediation; fact-finding conferences, which are on the rise; hand service of charges; on-site visits by investigators, to include interviews there; audiotaped interviews; and a consolidation of cases so that one investigator handles all charges brought before one employer. “Ask the EEOC: Current Insights on Enforcement and Litigation” was sponsored by the Section of Labor and Employment Law, and the Center for Continuing Legal Education. In addition to O’Neill and Smason, J. Randall Coffee, Fisher & Phillips, LLP; and Richard Rosenblatt, Richard Rosenblatt & Associates, LLC, served as panelists. The program was moderated by Rachel Geman, Lieff Cabraser Heimann & Bernstein, LLP. | | EYE ON ETHICS Ghostwriting TECHNOLOGY TRANSLATORS Working with Styles and Templates in Microsoft Word 2007, part one FIRST FOCUS Seasoned jury expert shares secrets of voir dire and jury selection AROUND THE ABA Seven tips on ensuring client satisfaction Advice on getting a judge to rule in your favor A woman’s guide to using ambition to power success Insiders share EEOC trends, insights The impact of microinequities in the workplace Misclassifying independent contractors has serious consequences Turning legal profession into a business: Project management Ethical pitfalls for solo and small firm attorneys Eight tips on getting your first job after law school MEMBERSHIP New Robert Redford film sneak peek, related movie resources available to ABA members
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