By Christopher DeGroff and Robb McFadden Fresh on the heels of a full defense verdict in one of the EEOC’s highest profile sexual harassment cases of 2012-2013, the Commission was dealt another blow on April 19, 2013, when the U.S. District Court for the Eastern District of Washington dismissed a closely related retaliation case because… Continue Reading
Category Archives: EEOC Litigation
Subscribe to EEOC Litigation RSS FeedEEOC Apple-Orchard Case Chopped Down By Washington Jury
Posted in EEOC LitigationBy Christopher DeGroff, Gerald L. Maatman, and Laura Maechtlen After years of smash-mouth litigation, it was a clean sweep for a large agri-business employer this week in one of the EEOC’s highest profile cases of 2012-2013 – a full defense verdict on April 3, 2013 by a jury of seven men and two women in… Continue Reading
Rash Of Significant Settlements Signals EEOC Means Business About Retaliation
Posted in EEOC LitigationBy Christopher DeGroff and Gerald L. Maatman, Jr. We have been keeping our readers posted on the rapidly evolving developments concerning the EEOC’s agenda in 2013 and beyond. As we noted in past postings, the EEOC promised in its Strategic Enforcement Plan (“SEP”) that it would increasingly focus on preventing and, when necessary, litigating retaliation claims. The… Continue Reading
And The Drum Beat Continues – Another Court Finds The EEOC’s Pre-Litigation Conciliation Efforts Insufficient
Posted in EEOC LitigationBy Courtney Bohl and Laura J. Maechtlen In yet another case regarding the sufficiency of the EEOC’s pre-litigation conciliation efforts, Judge Marcia Kriger of the U.S. District Court for the District of Colorado recently cautioned the EEOC about “hiding the ball” during conciliation negotiations. In EEOC v. The Original Honeybaked Ham, No. 11-CV-02560 (D. Colo…. Continue Reading
New Year, But Old Tactics: EEOC Iced In Arizona For Mixed Bag Of Procedural And Substantive Failings
Posted in EEOC LitigationBy Christopher DeGroff and Julie Yap Despite a number of setbacks in 2011 and 2012, it appears that the EEOC is charging into 2013 with much the same playbook it adopted in years past: aggressive litigation tactics, unreasonable demands for settlement, and an expectation that it can investigate and litigate under its own special set… Continue Reading
Seventh Circuit Rejects The EEOC’s Claim And Limits Scope Of ADA Confidentiality Requirements
Posted in EEOC LitigationBy 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… Continue Reading
EEOC Secures Approval Of $4.85 Million Consent Decree One Month After Filing Its Disability Discrimination Lawsuit
Posted in EEOC LitigationA 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… Continue Reading
District Court Grants The EEOC Summary Judgment In Its Age Discrimination Claim Against Baltimore County’s Pension Plan
Posted in EEOC LitigationAlthough claims against pension plans are unique and involve challenging issues, the EEOC has shown no reluctance in filing systemic suits alleging that provisions in public employers’ retirement plans are discriminatory. The most recent activity in the EEOC’s series of systemic suits involves EEOC v. Baltimore County, et al., No. 07-CV-2500 (D. Md. Oct. 16, 2012). … Continue Reading
BFOQ Defense Trumps The EEOC – Summary Judgment Entered Against The Commission
Posted in EEOC LitigationOn September 13, 2012, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas granted the Defendant’s motion for summary judgment in EEOC v. Exxon Mobil Corp., No. 06-CV-1732 (N.D. Tex. Sept. 13, 2012), on the EEOC’s allegations of age discrimination in violation of the ADEA. Judge Kinkeade considered a plethora of motions,… Continue Reading
The EEOC Is Ordered To Show What’s Behind The Agency’s Curtain In Background Checking Suit
Posted in EEOC LitigationRecently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kibosh on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring practices. In this case,… Continue Reading
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