Professor Morrison's article examines the role of the U.S. Equal Employment Opportunity Commission ("EEOC") in litigating pattern or practice claims after the Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). Although the decision in Wal-Mart significantly limited the ability of private litigants to bring systemic claims of employment discrimination, courts who seek to similarly limit the EEOC's litigation authority misapprehend the role of the EEOC. The article concludes that as an institutional player and by design, the EEOC is best suited to litigate systemic violations of Title VII. And, the EEOC administrative process addresses many of the due process concerns of both employee-victims and employers. Thus, preserving EEOC litigation authority both in terms of for whom the EEOC can seek relief and the type of damages it can recover is necessary to ensure the effective enforcement of Title VII.
Professor Morrison's article is expected to go to press in December 2013. Congratulations, Angela!