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Tag Archives: EEOC

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Posted in Investigation Tactics and Administrative Subpoenas

 

By Gerald L. Maatman, Jr., Christopher J. DeGroff and Alex W. Karasik

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the abuse-of-discretion standard, a relatively high bar of review, the Ninth Circuit applied that … Continue Reading

Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik

Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race discrimination lawsuit against Bass Pro, a deadlocked Fifth Circuit denied Bass … Continue Reading

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

Posted in Motions for Summary Judgment

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik

Seyfarth Synopsis:  A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced by an employer, including: (1) the EEOC’s claims were barred as beyond … Continue Reading

U.S. Supreme Court Holds That An Abuse-Of-Discretion Standard Applies To Review Of EEOC Subpoenas

Posted in Investigation Tactics and Administrative Subpoenas

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Matt Gagnon

Seyfarth Synopsis: Yesterday the U.S. Supreme Court handed down its long-awaited decision in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), a decision that clarifies the scope of review for employers facing EEOC administrative subpoenas. The Supreme Court held that such decisions are reviewable … Continue Reading

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

Posted in Investigation Tactics and Administrative Subpoenas

By Gerald L. Maatman, Jr., Mark W. Wallin, and Alex W. Karasik

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced.  This ruling highlights the importance and benefits of employers understanding the contours of the charges being investigated by the EEOC, so that … Continue Reading

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Posted in EEOC Litigation

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers. The ruling illustrates the procedural defenses that employers possess to ensure that pre-lawsuit investigations undertaken by the EEOC accord with its obligations under the law.

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A recent … Continue Reading

No Subpoena For You! – Tenth Circuit Says EEOC’s Subpoena Out Of Line

Posted in Investigation Tactics and Administrative Subpoenas

By Gerald L. Maatman, Jr., Christopher DeGroff, and Alex W. Karasik

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one employee’s charge of disability and pregnancy discrimination. The case is important for all … Continue Reading

No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)

Posted in EEOC Litigation

Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had not yet applied to work for Bass Pro when the mandatory Title VII conciliation process took place.

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The latest chapter of the … Continue Reading

Bullseye On Big Business: EEOC’s 2016 Performance And Accountability Report Shows Target On Systemic Litigation

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew Gagnon, and Alex W. Karasik

Seyfarth Synopsis: The EEOC recently released its annual Performance and Accountability Report for the fiscal year 2016, a must-read for employers regarding statistical data on EEOC litigation. Continuing a trend from recent years, the EEOC has reaffirmed its commitment to targeting companies in high-profile systemic … Continue Reading

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

Posted in EEOC Litigation

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a blueprint for employers on turning the tables on the Commission’s litigation tactics.

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After the EEOC brought an action alleging that airplane cabin cleaning company … Continue Reading