The EEOC’s Out-of-Office Message: What It Means for Employers
Seyfarth Synopsis : Thirty days into the Federal government shutdown, few personnel of the U.S. Equal Employment Opportunity Commission (“EEOC”) are available and operations have been slashed. However, this does not mean that employers can put aside all EEOC-related concerns until the government opens again. New charges continue to be filed—though employers remain in the dark about the content or volume of potential claims—and deadlines continue to apply. While this pause may feel like a temporary reprieve, it is important for e mployers to stay alert and consider how their charge activity will be impacted by a continued shutdown. The EEOC’s Contingency Plan The EEOC published a contingency plan to be implemented in the event of a shutdown. Per the plan, nearly 93% of its workforce has been furloughed, and the EEOC has suspended all “nonessential” functions, significantly curtailing its operations. These “nonessential” functions include investigations into discrimination ch...