About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

34 Lab. L.J. 208 (1983)
Current Litigation Trends and Goals at the EEOC

handle is hein.journals/labljo34 and id is 208 raw text is: Current Litigation Trends and Goals At the EEOC* By CLARENCE THOMAS Clarence Thomas is Chairman of the Equal Employment Oppor- tunity Commission. U NDER TITLE VII and the Age Discrimination in Employ- ment Act, the Equal Employment Opportunity Commission must receive charges of discrimination and attempt to resolve those charges before we can bring a civil action in federal court. As an agency charged with protecting the rights of all citizens, we must be aware of the social and economic context in which charges of discrimination are filed. And, as an agency charged with the respon- sibility for conciliating disputes, we can never underestimate the importance of the power of reason or our responsibility to reason before getting involved in a federal case. With these facts in mind, I will attempt to lay out the current litigation trends and goals at the EEOC. If anything can explain the litigation trends, the litigation suc- cesses, and the litigation failures of the EEOC, economics and his- tory can. Economics and the state of the economy are the keys to determining the number of charges filed with the EEOC and our ability to obtain meaningful relief. In prosperous times, the number and variety of charges filed increases, and the possibility of obtaining jobs and relief for victims of discrimination increases. In times of austerity, the reverse occurs. Currently, there are at least three economic and social forces affecting EEOC litigation. First, the population is- growing older. The baby boom generation is maturing, and the parents of that generation are getting near what used to be the normal retirement age. Second, more women are entering the work force and remaining in that work force. The phenomenon of the two-income household is becoming the norm, not the exception. Third, the economy is in a recession. Recession, of course, means layoffs and reductions in force. As a result of these social and economic forces, it should not be surprising that many of our most prominent cases involve allegations * Adapted from a speech before the Equal Employment Education Programs Third Annual Litigation Programs Conference, San Francisco, California, on Jan- uary 13, 1983. April, 1983 * Labor Law Journal 208

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most