Don Livingston Quoted on EEOC at Its 50th Anniversary

Akin Gump labor and employment partner and former Equal Employment  Opportunity Commission (EEOC) general counsel Don Livingston was quoted by SHRM, the Society for Human Resource Management, in its article “In 50th Year, EEOC Pushes Enforcement Limits,” on the EEOC currently.

Livingston noted that the EEOC is pursuing new issues “with great enthusiasm, if not complete success.” In that vein, he noted, “The EEOC now claims the right to sue under Title VII without a charge having been filed or conciliation having occurred, so long as it alleges pattern or practice of discrimination.”

He added, “It also seeks to erase the statute of limitations of pattern or practice claims, reduce the limit on the scope of its charge investigations, eliminate any judicial review whatsoever of its conduct in the conciliation process, extend the definition of sex discrimination and use the threat of disparate impact litigation to require employers to rationalize all policies.”