EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan

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1 EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan You ve heard about how EEOC has become far more aggressive in enforcing its regulations in the workplace. Want to know the who, what, where, when and how of its new stance? Join us in a lively and candid conversation between EEOC District Director Gail Cober and Michelle LeBeau of Ogletree Deakins. Participants will learn about ongoing enforcement activity, litigation priorities, and the common errors employers make in complying with EEO requirements.

2 EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan Gail Cober District Director of the Detroit Field Office Equal Employment Opportunity Commission (EEOC) Ms. Cober is the Director of the EEOC Detroit Field Office. She is a graduate of Wayne State University Law School and began her career with the Detroit Office of the EEOC as a Trial Attorney in As a Trial Attorney, Ms. Cober litigated employment discrimination cases on behalf of the EEOC and served as in house counsel to a team of EEOC Investigators. Ms. Cober became part of the Detroit Office s management team in She served as an Enforcement Supervisor and Enforcement Manager, overseeing the investigative operations of the Detroit Office prior to becoming Field Director in 2006.

3 EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan Michelle J. LeBeau Managing Shareholder (Detroit) Ogletree Deakins Ms. LeBeau joined Ogletree Deakins in 2007 as a shareholder, where she focuses her practice on litigation defense and counseling in the employment arena. Ms. LeBeau has broad experience in litigating matters before courts and administrative agencies, including Federal, state trial and appellate courts, Administrative agencies including the Michigan Department of Civil Rights, EEOC, and US Dept of Labor as well as in arbitrations and mediations. Ms. LeBeau has extensive experience in representing employers in various business sectors in employment litigation, arbitration, mediation and personnel counseling.

4 EEOC and Employer Considerations on Title VII and the Strategic Enforcement Plan Gail Cober - Field Director, Detroit Office - EEOC 1 Michelle LeBeau Managing Shareholder - Ogletree Deakins Equal Employment Opportunity Commission Mission and Vision EEOC Mission To stop and remedy discriminatory ypractices in the workplace EEOC Vision Justice and equality in the workplace Accomplish the Mission The EEOC seeks to accomplish the mission of equal opportunity in employment through: Outreach and education, Compliance, voluntary settlement, and vigorous enforcement, Targeted litigation. 1

5 EEOC Strategic Enforcement Plan Targeted Approach - Focused attention on an identified set of priorities. Integrated t dapproach Enforcement should be coordinated and consistent. Full use of outreach, education, training, research, communications, mediation, enforcement and litigation. Accountability Establish clear expectations and ensure strategic, integrated and consistent approach. EEOC Strategic Enforcement Plan Nationwide Priorities I. Eliminating Systemic Barriers in Recruitment and Hiring. II. Protecting Immigrant, Migrant and Other Vulnerable Workers III. Address Emerging and Developing Issues EEOC Strategic Enforcement Plan Nationwide Priorities IV. Enforcing Equal Pay Laws V. Preserving Access to the Legal System VI. Preventing Harassment through Systemic Enforcement and Targeted Outreach 2

6 Barriers SEP National Priority 1 Eliminating Systemic Barriers to Recruitment and Hiring Exclusionary practices and policies Steering individuals into jobs based on protected category Restrictive application processes Use of screening tools with adverse impact Title VII Example Conviction Records EEOC Policy Guidance ADA Example Past Worker s Comp Claims Impermissible Medical Exams ADEA Example Recent College Grads SEP National Priority 3 Emerging Issues Americans With Disabilities Act Focus on: Reasonable Accommodation Defense Direct Threat Defense Leave Policies Attendance Points Policies Impermissible Medical Exams Wellness Programs Working at Home Telework EEOC v. Ford Motor Company SEP National Priority 3 Emerging Issues Pregnancy opregnancy and Related Medical Conditions ADA oreasonable Accommodation under Title VII and the Pregnancy Discrimination Act oeeoc Policy Guidance on Pregnancy oyoung v. UPS 3

7 SEP National Priority 3 Emerging Issues LGBT ocoverage for LGBT under Title VII sex discrimination omacy v. DOJ oeeoc v. R.G. and G.R. Harris Funeral Home oeeoc Amicus Lewis v. High oeeoc Amicus Muhammed v. Caterpillar SEP National Priority 4 Enforcing Equal Pay oadministration Initiative oworking in Concert with other Federal Agencies oofccp Memorandum of Understanding odirected Investigation Authority oeeoc Amicus Thibodeaux-Woody v. Houston Community College SEP National Priority 5 Preserving Access to the Legal System oaccess to Justice Retaliation owaivers and Releases oeeoc v. CVS o706/707 Authority o707 Lawsuit Resistance Theory 4

8 EEOC Process Conciliation Conciliation - address and remedy the violation Seek relief for all harmed parties, including appropriate compensatory and punitive damages Targeted dequitable Relief Include Policy Relief, Training, Notice Posting, Monitoring and Reporting Public Conciliation Good Faith Conciliation Mach Mining v. EEOC Questions? Thank You! 5