EEOC Year-End Countdown

Tag Archives: Fifth Circuit

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

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Posted in EEOC Litigation

By: Gerald L. Maatman, Jr. and Alex Karasik

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the charging party indicated she had a temporary total disability on a disability insurance claim form that she submitted … Continue Reading

Fifth Circuit Green Lights Discovery Over Immigration Status In EEOC Litigation

Posted in Discovery

By Gerald L. Maatman, Jr. and Michael L. DeMarino

Seyfarth Synopsis:  Hispanic employees of a poultry processing plant alleged harassment and abuse on the job. The company claimed that the employees’ allegations were fabricated in order to obtain U visas, which are available to immigrant abuse victims who assist in government investigations. Over the plaintiffs’ objections, the district court … Continue Reading

Showdown At The Fifth Circuit Continues: The EEOC Files Its Opposition Brief In Texas’ Challenge To Criminal Background Guidance

Posted in EEOC Litigation

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

Last year, the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII.”  The District Court held that Texas … 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

“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