The EEOC announced a decision to significantly increase investigation and litigation on group discrimination, with a focus on where a pattern, practice or policy of alleged discrimination has a broad impact on an industry, profession, company or geographic location. Historically the EEOC has focused on individual plaintiffs rather than on broad systemic discrimination. As Cari Dominguez, EEOC Chairman, stated: “We’re fundamentally changing the way we do our work.” Examples of policies that could result (and which will be closely examined for systemic discrimination) include requirements for employees to be 100% recovered from illness or injury before being allowed to return to work, absences denied during first year of employment, refusal to hire workers convicted of felonies, etc.

Commentary: This is a good time for companies to do compliance audits and review policies and procedures in light of this EEOC emphasis (and increased budget that the EEOC will be spending on enforcement). While this issue should be of interest to everyone, naturally some of the most vulnerable industries will be food service, hotels and labor services.