A new effort at the EEOC to target systemic discrimination, which are generally larger scale lawsuits, has the potential to increase employment practices liability insurance (EPL) claims and costs. The EEOC has completed a task force report (see here) that concludes a larger and more coordinated effort is needed to fight systemic discrimination. Some conclusions of the report:
EEOC does not consistently and proactively identify systemic discrimination
EEOC should address staffing needs to ensure the success of a nationwide systemic program
EEOC should create incentives … to encourage the field to … investigate and litigate systemic cases
The result will most certainly be increased litigation and employer costs. What remains to be seen are the results, if any, for employees.
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