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EEOC Issues Opinion Letter on Pattern or Practice Claim

Posted Tuesday, September 8, 2020 2:00 pm

The U.S. Equal Employment Opportunity Commission (“EEOC”) issued an opinion letter changing its interpretation and enforcement of “pattern or practice” claims under Section 707 of Title VII. The letter concludes that the EEOC cannot bring a pattern or practice claim as a freestanding claim; rather it must be based on allegations of discrimination or retaliation. The letter further finds that a claim under section 707 requires the pre-suit requirements of section 706 be satisfied (including a charge being filed and an attempt to conciliate) before the EEOC can file suit.

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