We’ve previously written that the EEOC appears to be converting allegations of individual claims into nationwide, systemic discrimination investigations and we have yet another example to share with you.

According to a recently filed complaint, EEOC is alleged to have engaged in “fishing expeditions” searching for potential class members and complaints of discrimination by directly emailing employees of a company engaged in a complaint investigation with EEOC at their work email addresses  – a hyper-aggressive and ground-breaking approach.

It is important to emphasize that these are just allegations, but – if true – this type of investigation side steps EEOC’s traditional investigation method of working directly with employers and counsel and cause for concern for employers.

This type of conduct is reflective of what appears to be a newly directed Agency perspective, as shared recently by OFCCP Director Shiu  that  OFCCP, EEOC, and the Department of Justice are squarely aligned with plaintiffs’ counsel and believe the role of the agencies is not to “simply enforce” but to actively “bend the arch of the law” in the right direction.

We will continue to cover this case – and its impact – as it develops.