EEOC Year-End Countdown

Monthly Archives: March 2014

Victory At Last: Fourth Circuit Orders EEOC To Pay Up On Hefty Attorneys’ Fees Award

Posted in EEOC Litigation

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

This week the Fourth Circuit put its foot down on a decision almost eleven years in the making, ordering the government to pay Propack Logistics $189,113.50 in attorneys’ fees.  This welcome news brings the EEOC’s long battle in EEOC v. Propak Logistics Inc., Case No. 13-CV-1687 (4th … Continue Reading

Court Issues $22,900 Sanction Award Against The EEOC For Spoliation

Posted in EEOC Litigation

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

In a case we previously blogged about, EEOC v. Womble Carlyle Sandridge & Rice, LLP, 13-CV-46 (E.D.N.C. Mar. 24, 2014), Magistrate Judge L. Patrick Auld held the EEOC liable for spoliation sanctions based on the “negligence, if not gross negligence” exhibited by the charging party it brought suit on behalf of … Continue Reading

What’s Good For The Goose … Court Turns Table On EEOC In Subpoena Ruling

Posted in Investigation Tactics and Administrative Subpoenas

By Christopher DeGroff and Michael Fleischer

A Win For Transparency

Yesterday, in the U.S. District Court for the District of Massachusetts, the Court turned the tables on the EEOC on a controversial subpoena issue. The EEOC has traditionally used broad subpoenas attempting to extract sensitive and expansive information from employers in cases around the country. (Click here and here to … Continue Reading

EEOC Social Media Meeting – Old Framework Applied To New Issues, Or Something Else?

Posted in Regulatory / Guidance Issuance

By Christopher DeGroff and Paul Kehoe

Yesterday, the EEOC held a public meeting entitled Social Media In The Workplace: Examining Implications for Equal Employment Opportunity Law.  The Commissioners welcomed five individuals to testify regarding how the ever-changing social media platforms impact the workplace in areas such as recruitment and hiring, harassment, records retention, and litigation.  The meeting was intended to … Continue Reading

EEOC Suffers Significant Blow As District Court Dismisses EEOC’s Largest Pending Pattern Or Practice Lawsuit For Failure To Investigate

Posted in Motions for Summary Judgment

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

On March 10, 2014, Judge Richard J. Arcara of the U.S. District Court for the Western District Of New York adopted Magistrate Judge McCarthy’s January 2, 2014 Report, Recommendation, And Order in EEOC v. Sterling Jewelers Inc., Case No. 08-CV-706 (W.D.N.Y. March 10, 2014), and dismissed the EEOC’s entire lawsuit … Continue Reading

Bass Pro Conciliation Decision Could Open A Can Of Worms For Both EEOC And Employers

Posted in Procedural and Jurisdictional Issues

By Christopher DeGroff and Julie Yap

Over the past year, the EEOC has been under fire for its failure to conciliate with employers before filing a case in federal court. Conciliation is a mandatory step the EEOC must take and employers view it as is an essential function of the agency. Conciliation goes to the core of the EEOC’s underlying … Continue Reading