EEOC Year-End Countdown

Monthly Archives: November 2012

Court Limits The EEOC’s Investigative Power By Finding That The EEOC Is Not Entitled to “Unconstrained Investigative Authority”

Posted in Uncategorized

By Courtney Bohl and Laura J. Maechtlen

On November 19, 2012, in EEOC v. McLane Company, Inc., No. 12-CV-02469 (D. Ariz. Nov. 19, 2012), Judge G. Murray Snow of the U.S. District Court for the District of Arizona held that the EEOC’s authority to investigate charges of discrimination is not unlimited. Judge Snow denied the EEOC’s application to enforce portions … Continue Reading

District Court Joins A Harmony Of Rulings That Apply § 706’s Limitations Period To EEOC Pattern Or Practice Allegations Brought Under § 707 Of Title VII

Posted in Uncategorized

In EEOC v. Global Horizons Inc., No. 11-CV-00257 (D. Haw. Nov. 8, 2012), the EEOC attempted to force a square peg into a round hole by transforming headline grabbing allegations of human trafficking into a Title VII pattern or practice case; even more problematic is that the EEOC attempted to argue that there is no applicable statute of limitations that … Continue Reading

Seventh Circuit Rejects The EEOC’s Claim And Limits Scope Of ADA Confidentiality Requirements

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Jennifer A. Riley

On November 20, 2012, the Seventh Circuit issued its opinion in EEOC v. Thrivent Financial for Lutherans, No. 11-2848 (7th Cir. 2012), affirming a district court order granting summary judgment against the EEOC.

In a welcome relief for employers, the Seventh Circuit rejected the EEOC’s attempt to extend the scope … Continue Reading

The EEOC’s FY2012 Numbers Released: Commission Housecleaning Sets The Stage For A Focused And Aggressive 2013

Posted in Uncategorized

By: Christopher DeGroff, Gerald L. Maatman, Jr., and Julie G. Yap

Today the U.S. Equal Employment Opportunity Commission published its long awaited FY 2012 Performance and Accountability Report. The Report was posted on-line at the EEOC’s website along with a press release. The EEOC’s fiscal year ends on September 30th each year, and the Report details activities from … Continue Reading

Testing The Social Media Waters – Court Requires The EEOC To Produce Facebook Postings

Posted in Uncategorized

Social media has become an integral part of modern society. Legal issues involving social media and discovery are complex, and evolving. On social media websites, people share information and pictures with friends, family, and even the unknown. Often, employees will communicate with other co-workers on an online forum and discuss their jobs. In EEOC v. The Original Honeybaked Ham Co. Continue Reading

EEOC Secures Approval Of $4.85 Million Consent Decree One Month After Filing Its Disability Discrimination Lawsuit

Posted in EEOC Litigation

A common theme for the EEOC’s systemic litigation is its large-scale, high-impact and high-profile cases. Typically, employers prefer to settle cases that allege a pattern or practice of discrimination for a reasonable amount, as opposed to taking such a case to trial. Settlements can reduce litigation expenses, protect the privacy of an employer, and shorten the time frame of a … Continue Reading

Court Reinforces The EEOC’s Subpoena Power, But Prohibits The Agency From Disclosing Confidential Information

Posted in Uncategorized

It is a common occurrence when litigating against the EEOC to face controversies concerning the scope of discovery in administrative investigations. After all, discovery can help the EEOC put together the building blocks of its case. Increasingly, the Commission resorts to its subpoena power to launch broad-scale discovery in its administrative investigations. That is why defense counsel in EEOC v. … Continue Reading