The JSH Reporter Summer 2015 - Page 13

EEOCARTICLE 013 Employers should also keep records of their communications with the EEOC regarding the conciliation process. Importantly, employers are not bound to accept the EEOC’s findings, or the elements of an EEOC demand. If, in the end, an employer truly does not understand the basis for the EEOC’s cause determination, it must balance the weight of its conviction that it did not discriminate against the Charging Party against the possibility of having to defend an EEOC enforcement action. If that analysis leads an employer to ultimately reject the EEOC’s conciliation demand, resulting in subsequent EEOC litigation, the employer may be able to assert a procedural defense that the EEOC did not engage in conciliation in good faith, and thereby violated its statutory responsibility to seek informal resolution of discriminatory claims before instituting litigation. JSH RESOURCE ALERT! USLAW Webinar Recording Presented by Brandi Blair: Men Are From Mars, Women Are From Venus - Language Differences in the Legal Arena Men and women communicate differently, and these gender differences require specialized strategies in the world of litigation. This webinar identifies the communication differences between men and women and discuss how those differences can translate into effective and winning strategies in a variety of legal settings, including mediations, settlement discussions, legal arguments and trial. Differing perspectives are offered from both female trial lawyers and clients who have not only identified the communications differences, but have utilized them to their advantage to achieve their clients’ goals. ABOUT THE AUTHOR STEVEN LEACH Mr. Leach has represented Arizona employers for over a decade. His practice is devoted to helping employers, and the companies that insure them, whether it be defending claims before state and federal agencies like the EEOC, representing employers before state and federal trial and appellate courts, or counseling employers on ways they can reduce the risk of employment liability exposure. He is committed to guiding his clients through the employment practices liability minefield in the most effective and efficient manner possible. Contact Steve at 602.263.7350 or [email protected] USLAW Webinar Recording: Social Media Monitoring: How to Utilize Social Media, the Internet and Technology to Benefit Your Cases The vast reach of the Internet and the ever-changing world of social media intersects our lives in so many ways. This webinar focuses on the role social media plays in investigations and surveillance. You will learn insights, tips and techniques that will improve your search on Facebook, Twitter and other social media sites. Keep in mind, though, that the Internet isn’t just social media. We also discuss how to use Google technology to better enhance your chances of finding witnesses, plaintiff’s and others. The digital world makes many thin