On November 19, 2015, the EEOC released its annual 2015
Performance and Accountability Report ("PAR"). The
Report reflects the progress of the EEOC's continued efforts to
meet the enforcement priorities outlined in its 2012 strategic
enforcement plan ("SEP"), including its systemic
litigation initiative. For employers, this is perhaps the most
important document issued by the Commission. In short, it should be
required reading for corporate counsel and professionals involved
in compliance efforts relative to workplace litigation issues.
In its SEP, among other things, the EEOC underscored its efforts
to champion bigger, more media-focused "systemic" cases,
including pattern or practice cases where the alleged
discrimination "has a broad impact on an industry, occupation,
business, or geographic area." In the SEP, the EEOC set forth
a goal to ensure that systemic cases make up at least 20% of its
annual litigation docket and at least 22% to 24% of its
