EEOC overall, as well as the number of systemic lawsuits filed specifically, and touts the substantial monetary recoveries that the EEOC continues to reel in from employers.
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For example, an employee would not have to have a reasonable, valid allegation, nor tell the truth during an EEOC investigation to still retain protection, and thus remain secure from employer disciplinary actions.
The deadline for filing a charge of discrimination with the EEOC is 180 days from the date of the discrimination.
As noted in our other reports, clearly the EEOC is aggressively pursuing its strategic goals under the current administration.
Overall, the statistics show that the EEOC filed 199 merits lawsuits in FY 2018, up from 184 merits lawsuits filed in FY 2017.
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On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018.
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If a charge is filed with the FCC, we will act as a receiving agency but will forward the charge to the EEOC for evaluation.
Another priority of the EEOC in recent years has been reducing the large backlog of pending charges, which had been a longstanding issue for the agency.
The EEOC would also consider participation activity to be protected, regardless of its truth or validity.
Any questions about how this deadline is determined or if there are any exceptions should contact the EEOC.
MVPD has discriminated unlawfully may file with the EEO staff but, in accordance with a Memorandum of Understanding (MOU) between the FCC and the Equal Employment Opportunity Commission (EEOC), the EEOC is the lead federal agency on determining discrimination.
On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018 (available here).
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Rolling: EEOC's 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move.
If the EEOC guidance is finalized, employers should be attentive to its content and mindful in dealings with individuals who are involved in any protected activity, keeping in mind that protected activity will be construed broadly.
In accordance with the MOU, the FCC will take cognizance of any final finding of discrimination determined by the EEOC or other competent body such as a state agency or court.
Looking at the numbers, however, the 37 systemic lawsuits filed in FY 2018 was up from 30 that the EEOC filed in FY 2017, 18 in FY 2016 and 16 in FY 2015.
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Therefore, a retaliation claim could be substantiated for employer action that, in fact, results in no harm to the employee whatsoever.
