EEOC Year-End Countdown

Monthly Archives: October 2013

The EEOC Seeks To Expand Title VII To Fight Human Trafficking

Posted in EEOC Litigation

By Reema Kapur and Abigail Cahak

The Equal Employment Opportunity Commission (EEOC) is stretching Title VII jurisprudence to fight modern human trafficking. While the Commission’s goal is laudable, its legal theories are not grounded in existing law. This post addresses whether the EEOC’s novel expansion of federal employment discrimination statutes to address trafficking is necessary or desirable, especially in light … Continue Reading

Where’s the Beef? Employer Defeats EEOC’s Religious Discrimination Pattern Or Practice Case By Establishing Undue Hardship Defense

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

In both disability and religious discrimination cases employers, especially larger ones, are often taken to task by the EEOC for arguing that an undue hardship exists that prevents them from accommodating an employee’s disability or sincerely held religious belief. While in some cases a simple accommodation (e.g., ergonomic chair) may do … Continue Reading

It’s Not Just A Speed Bump: The EEOC Loses Another Battle In Its War On The Mandatory Conciliation Process

Posted in EEOC Litigation

By Christopher J. DeGroff and Julie G. Yap

The EEOC has been consistent in its message about conciliation: nobody should tell us how to conciliate our cases, not even the courts.

Conciliation is a mandatory step the EEOC must take before filing a case in federal court. It is designed to allow employers an opportunity to fix potential problems before … Continue Reading

Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing To Pursue Lawsuit Based On A “Companywide Policy That Did Not Exist”

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against the EEOC in the case of EEOC v. Peoplemark, Inc., No. 11-2582 (6th Cir. Oct. 7, 2013). This decision marks yet another significant win for employers faced with the … Continue Reading

Office Crashers: Another Court Reigns In EEOC Subpoena Authority Run Amok

Posted in EEOC Litigation

By Christopher DeGroff and Reema Kapur

Unannounced, FBI-like raids. Unauthorized and abusive search and seizure tactics. Illegal confiscation of files. Intimidation. And more… The EEOC has clearly turned up the heat in its investigation tactics. But at least one Judge has had enough.

In a scathing 37 page opinion issued in EEOC v. Homenurse, Inc., No. 13-CV-2927 (N.D. Ga. Sept. … Continue Reading

“Macho Man Discrimination” — The EEOC Scores Fifth Circuit Win In Gender-Stereotype Suit

Posted in EEOC Litigation

By Dennis A. Clifford and Christopher J. DeGroff

As we previously blogged here, the EEOC has historically paid particular interest to cases involving gender stereotypes, with various degrees of success. As many courts have observed, harassment based on a perceived failure to conform with gender stereotypes is not necessarily harassment “because of sex” under Title VII. But in a … Continue Reading

Don’t “Look” Now – Tenth Circuit Delivers Blow To EEOC In Its Battle Over Abercrombie’s “Look Policy”

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

As we have previously reported, the EEOC and Abercrombie & Fitch Stores have been entrenched in a nearly decade long battle over Abercrombie’s “Look Policy.” On September 23, 2013, the EEOC and Abercrombie entered into a comprehensive settlement of two separate religious discrimination lawsuits filed on behalf of Muslim teens … Continue Reading

The EEOC Continues Fight To “Shut Down” Judicial Review Of Conciliation Process

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

While the Federal Government is shut down for now, the EEOC is trying shut down courts ability to review its conciliation efforts for good. As we previously reported here, the EEOC has aggressively pursued this theory by attacking defendants’ failure-to-conciliate affirmative defenses in two recent district court cases in the … Continue Reading

Time’s Up, Pencils Down: EEOC Final Fiscal Year End Filing Totals Provide Surprises and Insight

Posted in EEOC Litigation

By Christopher DeGroff, Gerald L. Maatman, Jr., and Lily M. Strumwasser

“Here we go again.” It is the collective groan heard from employers across the country as they braced for the annual EEOC’s fiscal-year-end filing campaign. With 48 EEOC-initiated lawsuits filed in just the last 30 days, employers were understandably concerned. But when the EEOC’s 2013 fiscal year … Continue Reading