EEOC Year-End Countdown

Monthly Archives: November 2014

“One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena

Posted in Investigation Tactics and Administrative Subpoenas

By Christopher DeGroff and Gerald L. Maatman, Jr.

Employers have become accustomed to the federal courts rubber stamping EEOC subpoenas seeking company-wide information based on a single charge of discrimination. In light of the EEOC’s systemic focus — and the agency’s desire to transform single allegations into a blockbuster systemic actions — aggressive and extensive EEOC subpoenas requests are more … Continue Reading

Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congress

Posted in EEOC Litigation

By Christopher DeGroff, Paul Kehoe, and Gerald L. Maatman, Jr.

Sen. Lamar Alexander (R-TN), the current Ranking Member and soon to be Chairman of the Senate Health, Education, Labor & Pensions Committee, today issued a report entitled EEOC: An Agency on the Wrong Track?  Litigation Failures, Misfocused Priorities, and Lack of Transparency Raise Concerns About Important Anti-Discrimination Agency, … Continue Reading

EEOC’s 2014 Performance And Accountability Report Reflects Continued Efforts To Pursue High Priority, Systemic Litigation

Posted in EEOC Litigation

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

On November 18, 2014, the EEOC released its 2014 Performance and Accountability Report (“PAR”).  The Report is an annual scorecard of sorts for the EEOC. It reflects the progress of the EEOC’s continued efforts to follow enforcement priorities outlined in its 2012 strategic enforcement plan (“SEP”) (read more here), including … Continue Reading

Minnesota District Court Shoots Down The EEOC’s Request For Preliminary Injunction Over Wellness Program

Posted in Remedies

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On November 6, 2014, in EEOC v. Honeywell International, Inc. Case No. 14-CV-4517, 2014 U.S. Dist. LEXIS 157945, (D. Minn. Nov. 6, 2014), Judge Ann Montgomery of the U.S. District Court for the District of Minnesota denied the Equal Employment Opportunity Commission’s (“EEOC”) request for a preliminary injunction enjoining Honeywell International … Continue Reading

Eleventh Circuit Refuses To Enforce EEOC’s Broad Subpoena

Posted in Investigation Tactics and Administrative Subpoenas

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

As we noted in our EEOC Fiscal Year 2014 Scorecard, the EEOC has been steadily increasing its use of its subpoena power to gather as much information as possible from employers prior to filing suit. In fact, in FY 2014, the EEOC prosecuted 24 subpoena actions versus the 17 … Continue Reading

Amicus Filed Today In Support Of The Government’s Position In Mach Mining v. EEOC

Posted in Procedural and Jurisdictional Issues

By Gerald L. Maatman, Jr.

This afternoon six advocacy groups representing the interests of workers and plaintiffs’ class action lawyers filed an amicus brief with the U.S. Supreme Court in Mach Mining v. EEOC, No. 13-1019. A copy is here. Authored by the Civil Rights Clinic of the Dickinson School of Law and The Impact Fund, the amicus brief … Continue Reading