"Hannah Stetson and Catherine Cunningham Unpack Recent Rule Changes at the EEOC"

Posted On August 6, 2019

In an article published on August 1, 2019, Hannah Stetson and Catherine Cunningham discuss the U.S. Equal Employment Opportunity Commission’s recent proposed rulemaking that could impact employers and regulations under Title VII, the American Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA) and the Age Discrimination Employment Act (ADEA).

These proposed changes include:

• Fully digitizing the discrimination charge process and records system for all participants at every stage of the process, which could allow for easier filing and potentially faster charge resolutions.
• Clarifying filing deadlines for charging parties by asserting that interpretations limiting a charge to 180 days based on charge allegations are incorrect and by changing the regulation language to “jurisdiction over the statutory basis alleged in the charge.”
• Revising the EEOC’s issuance of a “no cause” determination to specifically state that this does not mean the claims in the charge have no merit.
• Allowing an age discrimination claim under the ADEA to be filed by a person, agency or organization acting on behalf of the filing party, but not requiring the party’s name to be shown on the charge in an effort to create uniformity of charges under each EEOC statute.

Stetson and Cunningham explain that employers should be prepared for a potential increase in charge filings if these changes are enacted. While there is no way to completely avoid the risk of having a charge filed, they explain that there are some easy things employers can do to mitigate the risk.

“First, employers should make sure all employees are aware of and complying with the employers’ current discrimination, harassment and accommodation policies. Employers can also educate themselves on the intricacies of discrimination laws to ensure compliance when disciplining, terminating or performing other adverse employment decisions. Lastly, employers can provide training opportunities for employees or perform internal audits. If employers go ahead and implement these types of practices, they will be better prepared for the final rule if it is issued.”

Please click here to read the full article. This article also appeared in the July / August issue of Risk Management, which may be accessed here with a subscription.