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Both plaintiffs and government agencies continue to bring a broad range of EEO class actions and systemic discrimination cases, which often include allegations of both pattern or practice discrimination and disparate impact claims. The current leadership of both the EEOC and OFCCP have recently confirmed that systemic discrimination is a top priority for both agencies, and recent class certification decisions across the country have offered new impetus to both plaintiff and defense counsel. Our panelists – one an experienced plaintiffs’ class action attorney and the other a management defense lawyer – will address the myriad of complex issues posed in recent decisions, including the role and limits of statistical regression analyses in analyzing class certification and merits issues; the extent to which Rule 23 commonality requirements overlap with the substantive requirements of pattern or practice claims; emerging trends in EEO class cases, and best practices for ensuring equal employment opportunities.
Please join panelists Erin M. Connell of Orrick, Herrington & Sutcliffe LLP, and Jennifer L. Liu of The Liu Law Firm, P.C., as they provide a spirited yet practical discussion of:
- Recent and notable EEO class action or systemic discrimination decisions, including key take-aways for both plaintiff and defense counsel (30 minutes)
- Systemic discrimination government enforcement actions and pattern or practice cases, including under the Biden/Harris Administration’s leadership (10 minutes)
- EEO class actions beyond pay and promotions – emerging issues and cutting-edge trends (10 minutes)
- Best practices for ensuring equitable employment practices and avoiding class action or systemic discrimination litigation (10 minutes)