The former general counsel (i.e. chief lawyer) with the Equal Employment Opportunity Commission (EEOC) gave an interesting presentation last month at the National SHRM conference in Las Vegas on how to deal with the government agency. The presenter explained how the EEOC receives 80,000 charges of employment bias each year but annually only files 400 lawsuits. All EEOC charges are filed either “A” (watch out—they’re after you), “B” (unclear where the case may lead) or “C” (likely merit-less). He suggested you negotiate disputed information requests rather than focusing the EEOC to subpoena them (the EEOC wins most subpoena battles). He warned that regional directors are focusing more on “systemic” discrimination claims, i.e. those affecting more than one employee, and turning single claims into class actions. Also currently on the EEOC “hit list” are claims involving race/color, especially involving possible misuse of arrest or conviction records, credit scores, pre-employment testing, video résumés and English-only rules. Make sure the EEOC’s suspicious minds don’t get you on their hit list.