EEOC and OFCCP Focus on Systemic Discrimination: Recruiting Procedures In the Line of Fire

The Equal Employment Opportunity Commission (EEOC) declared in a 2006 report that the prosecution of systemic discrimination, which it defines as "a pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company or geographic location," will be a top priority.

New federal regulations and the adoption of recommendations from the Systemic Task Force will provide the EEOC with greater access to hiring decisions and enhanced means of evaluating data. As a result, even employers who are not federal contractors and who are unaccustomed to government scrutiny of their hiring practices should be ready to explain seeming demographic disparities in their workforce as compared with the relevant community or applicant pool.

This article appeared in the May 8, 2007 issue (vol. 21, issue 21) of Employment Litigation Reporter.