At the EEOC, “making numbers” (achieving predetermined quotas of cause determinations, charge inventory reduction, prosecutions, systemic investigations, dollars collected from employers) MATTERS . . . a lot. Because numbers count, Q4 of the EEOC’s fiscal year (July 1 – September 30) can be a blitz of perfunctory predetermination interviews, surprising cause determinations, quick conciliation failures, pressure-filled settlement discussions with investigators, abrupt dismissals of long dormant charges, and new lawsuits filed. In fact, according to the EEOC’s FY2014 Performance and Accountability Report (PAR), the EEOC counts as “evidence of enforcing the law more effectively” the number of pending “systemic” or class action investigations and prosecutions, which portends a palpable uptick in systemic activity during this bewitching time of year.
This webinar will shed some light on the madness to the EEOC’s methods and offer defensive strategies for effectively managing the year-end blitz. Because the EEOC issues more “conciliation failure” notices and files more prosecutions in Q4 than at any other time of year, we will also dive deeply into the Supreme Court’s rationale in Mach Mining v. EEOC, and discuss strategies for (a) holding the EEOC accountable for its statutory obligation to conciliate in good faith; and (b) building an evidentiary record sufficient to challenge overly aggressive EEOC enforcement tactics in litigation.