Tag Archives: systemic discrimination

Complaint Alleges Aggressive, Reaching EEOC Investigations

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 … Continue Reading

OFCCP’s Budget Justification Gives Insight Into Agency’s Definition of “Systemic Discrimination”

As we recently shared, OFCCP has issued its budget justification for fiscal year 2014.  As part of this document, OFCCP shared the details of how it will define a “systemic discrimination” case. OFCCP defines systemic discrimination as a case meeting one of two criteria: (a) the case addresses a measurable pattern of discrimination (either based on findings … Continue Reading

“Test Your Test”: The Importance of Looking Critically at Your Employment Tests

As EEOC and OFCCP continue to focus on investigating andaddresing systemic discrimination in employer’s hiring practices, it is critical for employers to take a closer look at their employment tests. Matthew Camardella along with Anthea Dexter-Cooper of Jackson Lewis’ Long Island office recently provided some expert guidance and practical advice for employer who use (or are … Continue Reading

EEOC’s Aggressive Strategic Enforcement Plan: Systemic Investigations of Employer Hiring Practices Top Priority

On September 4, 2012, EEOC released its draft four-year Strategic Enforcement Plan.  EEOC’s four-year strategic enforcement plan provides a window into the emerging priorities for the Commission.  The Agency’s announced its number one enforcement priority is identifying and remedying systemic hiring discrimination.  This is a game changer.  Instead of limiting investigations of single-charging party “garden … Continue Reading