©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 86 Moving down the spectrum, the Commission may take a more measured tone where the litigation is less protracted and the claims are not necessarily consistent with its strategic goals. For instance, in a Title VII sexual harassment case settled by the EEOC concerning an employer’s alleged failure to address ongoing sexual harassment by a coworker, along with denial of promotion due to sex, the media statement provided few details concerning the claims brought.137 And on occasion, it will even border on “friendly” – including a statement of appreciation to the employer for its cooperation in resolving the litigation. In the same suit, the district director of the EEOC’s Los Angeles district was quoted as saying: “ We commend UPS for choosing to resolve this charge for the affected class member and for putting in place measures that will benefit employees throughout the Santa Barbara UPS service center,” said Christine Park-Gonzalez, district director of the EEOC’s Los Angeles District. “Harassment has an insidious effect in a workplace, negatively impacting an employer’s workflow, and, ultimately, its bottom line. Addressing it early on has a positive impact on not only staff morale, but the business as a whole.”138 A Word on Conciliation-Related Press Releases. Historically, the EEOC has issued media statements primarily for lawsuits, as conciliation is intended to be a confidential process. Indeed, one of the chief reasons for employers to engage in pre-suit conciliation is the carrot of confidential resolution. Interestingly, however, we have seen a trend of the EEOC issuing presumably agreed-upon media statements for matters settled in conciliation. Accordingly, the employer has a degree of leverage in negotiating these publications. As one might imagine, conciliation media statements are, thus, more positive in tone.139 Further, on occasion, the employer may also make a statement, which at minimum disclaims any liability – something rarely, if ever, allowed in a litigation media statement. However, the EEOC will issue media statements on the conciliation process where it alleges that an employer failed to comply with the terms of a conciliation agreement. For example, on August 14, 2025, the EEOC released a press statement claiming that a hotel management company violated federal law when it repeatedly refused to comply with the terms of a conciliation agreement in a race and retaliation discrimination case.140 The EEOC alleged that the company failed to make the required monthly monetary payments to the complainant in a timely manner as agreed upon by the terms of their conciliation agreement. In its press release, an EEOC Trial Attorney was quoted stating, “The relief required by conciliation agreements is critical to EEOC’s mission to correct and remedy unlawful employment practices, and the agency will not hesitate to enforce the employer’s legal obligations under such agreements. The employer who initially avoids litigation by entering into a conciliation agreement only invites it by failing to then comply with its terms.” Anatomy of a Media Statement. Regardless of the tone, EEOC media statements are consistent in their basic elements and structure. First, there will be a headline crafted to be eye-catching. In prior years, these headlines tended to be punchier, such as “Paramount Mailing Company Punished Female Employees for Complaining About Abuse, Federal Agency Charges.”141 More recently, headlines have tended to be short and to the point, though they are still designed to draw a reader’s attention, such as, “EEOC Sues Mayo Clinic for Religious Discrimination.” 142 137 Press Release, U.S. Equal Employment Opportunity Commission, United Parcel Service Settles EEOC Sexual Harassment Charge (May 15, 2025), https://www.eeoc.gov/newsroom/united-parcel-service-settles-eeoc-sexual-harassment-charge. 138 Id. 139 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, Kwik Trip Inc. to Pay $35,000 in EEOC Disability Discrimination Charge (Aug. 20, 2025), https://www.eeoc.gov/newsroom/kwik-trip-inc-pay-35000-eeoc-disability-discrimination-charge. 140 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues American Inn Operator for Breaching Conciliation Agreement (Aug. 14, 2025), https://www.eeoc.gov/newsroom/eeoc-sues-american-inn-operator-breaching-conciliation-agreement/. 141 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Sues Sierra Creative Systems / Addressers for Sexual Harassment and Retaliation (June 13, 2018), https://www.eeoc.gov/newsroom/eeoc-sues-sierra-creative-systems-addressers-sexual-harassment-and-retaliation. 142 Press Release, U.S. Equal Employment Opportunity Commission, EEOC sues Mayo Clinic for Religious Discrimination (July 31, 2025), https://www. eeoc.gov/newsroom/eeoc-sues-mayo-clinic-religious-discrimination.
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