Unnecessary Burdens on Employers: Time for the EEOC to Improve Its Systemic Discrimination Initiative

The Equal Employment Opportunity Commission’s (EEOC) Systemic Discrimination Initiative is under review in this article. Charged with enforcement of the federal equal employment opportunity laws, the EEOCs initiate this program for the purpose of efficiently addressing cases that broadly impact industries, professions, companies, or geographic locations. The author reviews specific cases subject to this initiative, and further, review certain statutory sections covering pre-litigation procedures, competency issues, burdens of proof, as well as attorneys’ fees and expenses, in an effort to improve the initiative and enhance the public’s confidences in the fairness of EEOC enforcement of federal equal employment opportunity laws.