EEOC and DFEH Compliance

Under both federal and state regulatory schemes, employers are subject to mandatory surveillance of hiring, promotion, and layoff practices as a means of preventing discrimination against protected class members within the employee ranks. For many companies, employee statistics must be compiled periodically and submitted to the government for this purpose and an employer's failure to provide accurate and timely data can result in costly monetary consequences and expose the employer to heightened governmental scrutiny. The same data may be obtained and used by civil litigants who charge discrimination based on disparate impact. We assist our corporate clients in creating and maintaining employee statistics and complying with reporting obligations. We use nationally recognized statistical experts to assist us in this work. We audit and analyze the statistical data to minimize exposure to class-action discrimination claims and lawsuits in hiring, promotion, termination, wages, and employment benefits based on race, age, gender and other prohibited statutory categories. We also make appropriate recommendations regarding employment practices that may be viewed as discriminatory in nature. We also handle complaints or prosecution by either the Federal Equal Employment Opportunity Commission (EEOC) or applicable state fair employment and housing agencies. Clement Kong and Jamie L. Johnson co-chair this practice area (see Biographies).