Annual Report On EEOC Developments: Fiscal Year 2012

INTRODUCTION

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or "the Commission"). While such guidance is intended to update employers on significant EEOC developments as they arise, we believe that employers can also benefit from an annual update and overview of key EEOC developments. This Annual Report on EEOC Developments – Fiscal Year 2012 (hereafter "Report"), our second annual report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year.

A substantial portion of this year's Report focuses on the EEOC's systemic initiative. On February 22, 2012, the EEOC issued its Strategic Plan for Fiscal Years 2012-2016, which underscores that over the next several years a significant emphasis will be placed on systemic investigations and related litigation. The EEOC has defined systemic cases as