Law360 | January.18.2013
This article, authored by employment law partner Gary Siniscalco and employment law senior associate Laurie Damrell, discusses the Equal Employment Opportunity Commission's (EEOC) strategic enforcement plan. An excerpt from the article is included below.
Now more than ever, employers must pay more attention to the priorities articulated in the SEP and the district complement plans. While the SEP may improve case management, the underlying issues that have plagued the overtaxed EEOC in recent years are not likely to go away soon. Employers should still be highly vigilant during investigations and evaluate what the commission is requesting (and not requesting) as it relates to the charge.
Employers should also analyze their pay practices since they now know that the commission intends to increase its use of directed investigations under the Equal Pay Act. Employers should also be proactive during investigations, consider when and how to communicate thoughtfully and strategically with the commission's investigators and attorneys, and be alert to opportunities to help shape the investigation or to reach a satisfactory early resolution.