Consistent Impact (But Not What They Hoped)

The EEOC has racked up losses trying to curb discriminatory hiring.

, Corporate Counsel


The EEOC has racked up losses trying to curb discriminatory hiring.

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What's being said

  • Merrily Archer, Esq., M.S.W., EEO Legal Solutions LLC

    One unexplored angle here is the staggering cost to EMPLOYERS of the EEOC's floundering. Both as an EEOC Trial Attorney in the 1990's and Biglaw defense attorney (with neither firm referenced here), I’ve observed the tendency to treat EEOC’s prosecutions (particularly systemic ones) as attorney pile-on parties, with an entourage of billers. As this piece points out, however, the arguments carrying the day are developed by statistical/validation experts, not attorneys. Employers are spending millions defense fees to ward off overzealous, statistically-unsupported prosecutions, a trend that will surely continue based on what we’ve seen so far. Employers, therefore, must get smarter about how to mitigate the impact of the EEOC’s floundering through more strategic litigation management—i.e., using the right “tool” for the job. Read more here,

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