EEOC HOLDS HEARINGS ON QUALITY OF INVESTIGATIONS
The Equal Employment Opportunity Commission (EEOC) recently held hearings on the quality of its investigations. Issues discussed included better ways for investigators to communicate to the charging parties, whether the EEOC should reveal its initial case classification to an employer (A= likely finding for employee; B= uncertain; C= likely finding for employer), ways to move cases along more quickly (investigators carry a caseload of over 100 open cases each), and how the EEOC conciliation process is hampered by the agency’s unwillingness to explain the basis for its cause findings. The EEOC hopes to implement a new quality control plan for investigations during the year 2014.
EEOC LAWYER WARNS OF MORE PREGNANCY DISCRIMINATION CASES
Speaking at a recent webinar, an EEOC regional lawyer recently warned employers that they likely will face more claims of pregnancy discrimination. She indicated that such claims often include direct and overt evidence, such as an employer expressly telling an applicant she was not hired because she will be unavailable (i.e. giving birth) soon. The conference also discussed a rise in claims under the ADA from persons having to care for disabled family members and new legal theories being used to assert “caregiver” discrimination claims by employees caring for young children or elderly parents.