The EEOC is seeking public comments on its proposed Strategic Plan for Fiscal Years 2012-2016.

There’s no better place to start than the EEOC’s just-release annual Performance and Accountability Report. Here are a few highlights …

Address Systemic Issues Now

The PAR makes it clear that the EEOC will continue to focus on “investigating and litigating cases of systemic discrimination as a top agency priority.” The numbers bear that out. The EEOC has 580 pending systemic investigations, a 24% increase over last year. It also has 47 pending high-level Commissioner charges — a 20% increase over last year and a 213% increase over five years ago.

What this means for employers: Now is not the time to ignore potentially systemic discrimination. For a bevy of tips on how to avoid becoming an EEOC statistic, check out our latest free webinar.

Don’t Expect Extensions

According to the PAR, the EEOC’s performance standards required it to resolve 54% of its discrimination charges within 180 days. The EEOC fell short, resolving only 41% within 180 days. The result: a rather astounding backlog of 78,136 discrimination charges.

What this means for employers: The EEOC will likely face increased pressure to resolve charges quickly. Employers may be given less time to respond to requests for information and may not be granted extensions to file charge responses.

Consider Mediation

The PAR makes it clear that the EEOC intends to continue emphasizing its mediation program. It notes that in 2011 the program resulted in the “highest number of resolutions in the history of the program.” It had a total of 9,831 resolutions resulting in more than $170 million in recoveries — a 21% increase.

What this means for employers: Expect the EEOC to (strongly) encourage you to engage in mediation if you’re facing a discrimination charge. But don’t be too afraid — 96.9% of participants reported having confidence in the program and said they would use it again.

The Facts

The EEOC received a record 99,947 discrimination claims in fiscal year 2011 (which ended September 30, 2011). That’s the most in the agency’s 46-year history. The EEOC also extracted more monetary awards than ever before: $364.6 million.

Some other facts and figures:

• $170 million in settlements (also a new record) were achieved in the EEOC’s national mediation program.
• 5.4 million individuals “benefited from changes in employment policies or practices in their workplaces.”
• 500,000 people were reached by EEOC’s public outreach and education programs.
• 580 investigations alleging systemic discrimination involving more than 2,000 charges are currently pending.
• 261 lawsuits were filed by EEOC field units, including 61 systemic/class suits.

“I am proud of the work of our employees and believe this demonstrates what can be achieved when we are given resources to enforce the nation’s laws prohibiting employment discrimination,” said EEOC Chair Jaqueline Berrien. For more on this from the EEOC, click here.

What This Means for Employers

Now is not the time to take employment laws lightly. Please (1) make use of all the free tools on the left side of the Blawg, (2) check out all our latest tips in my most recent webinar here and (3) visit the Blawg daily to stay up-to-date on the law.

Employers with 100 or more employees (or government contracts of $50,000 or more and 50 or more employees) are required to file an EEO-1 each year with the EEOC’s EEO-1 Joint Reporting Committee. The EEO-1 includes data on protected class representation in various job categories. The EEOC and OFCCP utilize the form to look for potential under-representation and to take potential investigatory/remedeial action.

Penalties for noncompliance can be severe, including a ban on future government contracts and large fines.

For more on EEO-1 procedures — including how to file the report online – click here.