Law360 reported on August 1 that the U.S. Equal Employment Opportunity Commission's general counsel believes the number of systemic cases filed by the agency in fiscal year 2012 should be lower than the 23 brought last year, likely due to the need to devote limited resources to existing litigation (“EEOC Anticipates Dip In 2012 Systemic Case Filings, GC Says”).
Employment Litigation Partner Dennis Duffy called the expected dip in systemic case filings interesting, but not necessarily surprising.
“There are resource issues, and frankly, opportunity issues. You can't just file systemic cases. The facts actually have to present themselves,” Duffy said in the article.