This CLE webinar will explain best practices for responding to and challenging overly broad EEOC information requests and subpoenas, defending employers against the EEOC’s “sue first, ask questions later” litigation strategy, and proactive approaches to avoid becoming a target for a systemic discrimination suit.


The EEOC's latest strategic plan reaffirmed the agency's focus on systemic discrimination litigation. The EEOC is primarily targeting barriers to recruitment and hiring, including criminal background and credit checks, pregnancy and child care discrimination, age discrimination, and disability discrimination.

As part of its enforcement strategy, the EEOC is presenting broad information requests to employers during investigations, issuing subpoenas to obtain documents not provided, and using what some courts are calling a "sue first, ask questions later" strategy to force the production of information during discovery.

Employment counsel must understand the EEOC's current enforcement approaches and how an employer's response to an individual charge may impact whether that employer is targeted for a systemic discrimination lawsuit.

Listen as our authoritative panel of employment litigators explains the strategic enforcement tools the EEOC is currently using to eliminate systemic discrimination. The panel will discuss strategies for employers for responding to EEOC aggressive requests for information and subpoenas and best practices to minimize the likelihood of becoming a target for a systemic discrimination claim.

  1. EEOC's Strategic Enforcement Plan approved in December 2012
  2. Responding to EEOC information requests and position statements
  3. Responding to EEOC subpoenas
  4. EEOC's "sue first, ask questions later" strategy
    1. Case law developments
    2. Best practices for employers
  5. Best practices for avoiding EEOC systemic discrimination lawsuits

The panel will review these and other key questions:

  • What specific employment actions has the EEOC targeted as areas ripe for systemic discrimination litigation?
  • What are some effective strategies for employers to respond to an overly broad information request during an EEOC investigation?
  • What are options for employers when served with an EEOC subpoena?
  • What is a "sue first, ask questions later" strategy and how is the EEOC using this strategy as an enforcement tool?
  • What steps should employers and their counsel take to avoid systemic discrimination lawsuits?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.