Expanding Value of EEOC Charge Conciliation: New Rules for Information Sharing

This CLE course will provide employment counsel with practical techniques to handle EEOC investigations based upon the October 2020 proposed rules that made procedural changes to EEOC charges' resolution. Our panel will outline strategic techniques to prepare for on-site investigations, navigate good faith conciliation with the EEOC, negotiate settlements, and more.

A proposed rule published by the EEOC on Oct. 9, 2020, became final at the end of 2020. The new rules provide the possibility of expanded information sharing between respondents/employers in connection with the agency's conciliation efforts.

Counsel to employers should appropriately advise clients on investigation response and participation strategies to avoid a finding of reasonable cause to support the employee's allegations. Previously, businesses were concerned with participating in conciliation due to the U.S. Supreme Court decision to approve the EEOC's practice of providing only basic facts in conciliation and decline to require the EEOC to operate in good faith during conciliation.

The new regulations require the EEOC to provide a respondent with substantially more information. However, while the new rules are a promising development for employers, it may not go far enough. EEOC is not required to identify potential class members in a claim and the rules fail to enforce a good faith standard for the EEOC.

Listen as our distinguished panel discusses preparing for EEOC investigations under the new rules. The panelists will review negotiation tactics, considerations for determining whether to accept a settlement offer, and techniques in enforcing the good faith requirement.