Employers know that a knock on the door from the U.S. Equal Employment Opportunity Commission means that the company’s labor practices will be held up against the letter of existing law. But is the agency moving beyond law enforcement and into murkier lawmaking waters?

That question arose when Gerald Maatman Jr., a partner at Seyfarth Shaw, attended and spoke at the recent sixth annual forum on “Defending Employment Discrimination Litigation,” hosted by the American Conference Institute in New York. In Maatman’s most recent post for Seyfarth’s Workplace Class Action blog, he discusses the topic by way of the event’s keynote address by Constance Barker, one of the EEOC’s five commissioners.