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The EEOC’s Latest Action Plan Likely to Increase Charges Against Employers

May 4, 2022

The Equal Employment Opportunity Commission (“EEOC”) has released its Equity Action Plan in response to President Biden’s Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” This action plan sets forth the following initiatives the EEOC will take:


First, the EEOC intends to do a variety of things which will make it easier for workers to file charges, such as: streamlining the process to shorten wait times for intake appointments, increase staffing at its national call center, make its online intake forms and public portal available in Spanish and potentially other languages, and increasing the number of outreach events in rural areas. In addition, the EEOC will update its website to make the most important and popular materials available in other languages beyond just English and Spanish. It will also make its materials more accessible to low-literacy and disabled individuals through the use of alternative formats, including print and radio, making it more likely for individuals to file EEOC charges against their employers.  


In addition, the EEOC will focus on efforts to increase equity in recruitment and hiring and consider updating categories on the EEO-1 form, including further breakdowns on ethnicity, as well as potentially adding sexual orientation, gender identity, and disability status. All private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, are required to submit this form as it includes pertinent demographic workforce data, including data by race/ethnicity, sex and job categories.


Employers should know that while these efforts will likely result in an increase in charge activity, it does not mean these charges will be successful. It is always best for employers to consult legal counsel when an employee files charges, and never has that been more important than now as the EEOC executes their action plan.


If you have any questions on the EEOC’s Equity Action Plan, or any other labor and employment law matters, please contact the attorneys at The Royal Law Firm; (413) 586-2288. We know business matters!

Massachusetts’ Superior Court Judge Rules Recording in Workplace Admissible

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

After the DEI Executive Order

February 14, 2025
What Are the Compliance Requirements for Private Employers?
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