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EEOC: Showing ONLY A “Pattern or Practice” of Resistance is NOT an Independent Reason to Sue Employer


On September 3rd, the Equal Employment Opportunity Commission (“EEOC”) issued an opinion letter in which it stipulated that an alleged “pattern or practice” of resistance is not an independent reason for bringing suit against an employer, absent an underlying allegation of discrimination or retaliation.

This opinion letter should be a welcome bit of news for employers as the EEOC has taken a bit more of a restrained approach to the matter.  Granted, the EEOC is not giving employers the green lights to discriminate or retaliate against their employees.  Should that be established, you can bet the EEOC would issue a right to sue letter.  However, if an employee can only establish a “pattern or practice” of resistance, that lone will not be enough to proceed with a lawsuit.

 

For a copy of the EEOC opinion letter:  https://www.eeoc.gov/commission-opinion-letter-section-707?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

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