This treatise helps practitioners more effectively handle Equal Employment Opportunity Commission (EEOC) investigations, conciliations, and litigation and explains: the commissioner charge process, sponsored litigation, the subpoena process, and many other EEOC processes — including requirements for EEOC settlements.
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Read a Bloomberg BNA Labor and Employment Blog post Q&A with the book’s author Donald R. Livingston.
EEOC Litigation and Charge Resolution, Second Edition presents an insider’s view of the EEOC that helps legal practitioners more effectively handle EEOC investigations, conciliations and litigation. The treatise explains and demystifies the commissioner charge process, sponsored litigation, the subpoena process and many other EEOC processes, including requirements for EEOC settlements. EEOC Litigation and Charge Resolution is a one-of-a-kind reference that addresses important topics including updates on subpoena enforcement actions, rules concerning the EEOC’s conciliation obligations and special considerations when litigating against the EEOC.
The Second Edition provides greater detail on the rules applicable to EEOC administrative subpoenas and information requests, the standards for the EEOC conciliation process and the general counsel’s guidance for the conduct of EEOC litigation. It also discusses the practical implications of the EEOC’s systemic enforcement initiative.
The Second Edition contains numerous updates and revisions, including:
Important case law discussed in the Second Edition intended to aid in understanding the EEOC includes Federal Express v. Holowecki, in which the Supreme Court held that an EEOC Charge Form 5 was not necessary to satisfy the charge-filing regulations for an ADEA claim, resulting in EEOC modifying its intake form; and EEOC v. CRST Van Expedited, Inc., in which the Eighth Circuit upheld dismissal of an EEOC pattern and practice case for engaging in bad faith conciliation when it brought suit on behalf of a class of female employees without investigating the claims of all the individuals on whose behalf it sought relief.
The new Second Edition also addresses EEOC’s change in the allocation of resources to litigating larger cases and pursuing broader investigations.
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