EEOC Year-End Countdown

Tag Archives: summary judgment

Second Circuit Rejects EEOC Claim That “A Lawyer Is A Lawyer Is A Lawyer”

Posted in Motions for Summary Judgment

By Gerald L. Maatman, Jr. and Gina R. Merrill

On September 29, 2014, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a high-profile lawsuit brought by the EEOC – entitled EEOC v. Port Auth. of N.Y. & N.J., No. 13-2705 (2d Cir. Sept. 29, 2014) – alleging that female attorneys were underpaid as compared … Continue Reading

The EEOC Continues To Struggle To Overcome Case Law Rejecting Its Open-Ended Litigation Strategy

Posted in Procedural and Jurisdictional Issues

By Gerald L. Maatman, Jr.

The nightmare scenario for a corporate counsel is being on the receiving end of an EEOC lawsuit where the Commission sues on behalf of a class of allegedly injured individuals based on a purported discriminatory pattern or practice. More often than not, the EEOC does not limit the temporal scope of its claims, and … Continue Reading

EEOC Signals More Widespread Use Of Summary Judgment Tool To Obtain Relief And Defeat Affirmative Defenses

Posted in Motions for Summary Judgment

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

On August 7, 2014, the U.S. District Court for the Western District of Oklahoma entered its decision in EEOC v. Midwest Regional Medical Center, LLC, No. CIV-13-789-M (W.D. Okla. Aug. 7, 2014), and granted partial summary judgment in favor of the EEOC.

In a rare partial summary judgment win, … Continue Reading

Fruit Growers’ Discrimination Dismissal Makes For Both A Sweet And Sour Victory

Posted in Motions for Summary Judgment

By Christopher DeGroff, Kevin Fritz, and Gerald L. Maatman, Jr.

The EEOC’s reach once again exceeded its grasp in its failed lawsuit against growers in the U.S. District Court for the Eastern District of Washington. In EEOC v. Global Horizons, Inc., 11-CV- 3045, 2014 WL 2207866 (E.D. Wash. May 28, 2014), the Court tossed out the EEOC’s discrimination … Continue Reading

Sixth Circuit Affirms Dismissal Of EEOC Credit Check Case And Rejects “Homemade” Method Of Determining Race By “Eye-Balling” Photos

Posted in Motions for Summary Judgment

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

Today, less than three weeks after oral argument, the Sixth Circuit affirmed a lower court order granting summary judgment in favor of Kaplan in one of the EEOC’s most high profile cases – – EEOC v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. April. 9, 2014).

The EEOC brought suit … 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

To Ring In The New Year, Court Dismisses The EEOC’s Largest Pattern Or Practice Lawsuit For Its Failure To Satisfy Its Duty Of Pre-Lawsuit Investigation

Posted in Motions for Summary Judgment

By Gerald L. Maatman, Jr.

In one of the first workplace rulings of 2014, the U.S. District Court for the Western District Of New York granted an employer’s motion for summary judgment in EEOC v. Sterling Jewelers Inc., Case No. 08-CV-706 (W.D.N.Y. Jan. 2, 2014), and dismissed the lawsuit because the Commission failed to show that its pre-lawsuit investigation was … Continue Reading

The Top 5 Most Intriguing Decisions In EEOC Cases Of 2013 (And A Pre-Publication Preview Of Our Annual EEOC Litigation Report)

Posted in Uncategorized

By Christopher DeGroff, Reema Kapur, and Gerald L. Maatman, Jr.

We are pleased to offer a year-end bonus for all of our loyal readers of our blog – a pre-publication preview of our annual study of EEOC litigation is here: the launch of our book entitled EEOC-Initiated Litigation: Case Law Developments In 2013 And Trends To Watch For Continue Reading

Take Two? EEOC Moves For Reconsideration After Losing High-Profile Religious Discrimination Case Over Abercrombie’s “Look Policy”

Posted in EEOC Litigation

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

We previously reported here on the EEOC’s stunning defeat in the Tenth Circuit in the case of EEOC v. Abercrombie & Fitch, No. 11-5110 (10th Cir. Oct. 1, 2013), concerning a job applicant who was not hired because she wore a hijab in violation of Abercrombie’s “Look Policy.” In this decision, … Continue Reading

“Weight” Of Authority Leads To Denial Of Employer’s Summary Judgment Motion In Hotly Contested EEOC Pregnancy Discrimination Lawsuit

Posted in EEOC Litigation

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

In case wrought with discovery battles – as previously discussed here – Judge Paul D. Borman of the U.S. District Court for the Eastern District of Michigan denied Weight Watchers’ motion for summary judgment in EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case No 12-CV-11124, 2013 U.S. Dist. … Continue Reading