EEOC-Initiated Litigation - 2022 Edition

© 2022 Seyfarth Shaw LLP EEOC-Initiated Litigation: 2022 Edition | i Dear Clients and Friends, We are pleased to provide you with the latest edition of our annual analysis of trends and developments in EEOC litigation, EEOC-Initiated Litigation: 2022 Edition . This desk reference compiles, analyzes, and categorizes the major case filings and decisions involving the EEOC in 2021 and recaps the major policy and political changes we observed in the past year. Our goal is to guide clients through decisional law relative to EEOC- initiated litigation, and to empower corporate counsel, human resources professionals, and operations teams to make sound and informed litigation decisions. We hope that you find this report to be useful. By any measure, 2021 was another year of great change at the Commission, but one where it was possible, finally, to discern a new direction for the agency. In its 2021 Fiscal Year, the EEOC continued to issue guidance for employers as they try to navigate the changes wrought by COVID-19. Throughout the year, that guidance switched from how to manage leave and disability policies to employers’ responsibilities around vaccine mandates, vaccination status, and reasonable accommodations. In our humble opinion, the EEOC has done an admirable job throughout the pandemic in attempting to stay ahead of these issues and keep the public informed about what new responsibilities these novel issues imposed on employers. Undeniably, 2021 was also another year of massive political change. Last year, we were only just beginning to see how the Trump administrations’ picks for EEOC leadership would start to steer the agency in a new direction. Just when those efforts were picking up steam, a new administration was installed. That led to an immediate change in the Chair of the Commission from a Republican, Janet Dhillon, to Charlotte A. Burrows, a Democrat. Some of the agency’s more ambitious attempts to reign in its own powers and litigation enforcement were immediately reversed because of this change in leadership. This publication is meant to equip employers with information so they can protect themselves and their employees in this ever-changing regulatory and litigation environment. Part I of this book is arranged to coincide with the EEOC’s six enforcement priorities as outlined in its Strategic Enforcement Plan. Each subsection highlights the most important judicial decisions and other litigation activity impacting EEOC-initiated litigation, as well as the agency rule-making and other legislative efforts and initiatives that were of particular importance to the EEOC’s pursuit of these priorities and objectives in FY 2021. This analysis reveals the areas and issues where employers should focus their attention while considering employment-related business decisions. Part II is a compilation of every significant ruling decided in 2021 that impacted EEOC-initiated litigation. In that section, critical procedural and evidentiary matters are outlined in detail to provide a comprehensive look at how companies might approach these issues when facing EEOC litigation, which serves as a resource of recent case authority for our readers. We would like to thank our many colleagues who assisted in the creation of this book, including our colleagues Sarah Bauman and Alex Karasik, who contributed research and analysis on case rulings and agency developments over the past 12 months. Our hope is that this book provides companies and business leaders with the tools and information they need to implement well-informed personnel decisions and strategies to comply with workplace laws and craft optimal defense strategies against EEOC litigation in this rapidly evolving regulatory environment. Gerald L. Maatman, Jr. Christopher J. DeGroff Matthew J. Gagnon Chicago Partner and Chicago Partner and Chicago Partner Practice Group Co-Chair Practice Group Co-Chair gmaatman@seyfarth.com cdegroff@seyfarth.com mgagnon@seyfarth.com (312) 460-5965 (312) 460-5982 (312) 460-5237

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