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
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
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
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
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
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
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