EEOC Year-End Countdown

Tag Archives: summary judgment

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 with… 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 consistent… 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 In 2014…. 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. LEXIS… 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

Don’t “Look” Now – Tenth Circuit Delivers Blow To EEOC In Its Battle Over Abercrombie’s “Look Policy”

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler As we have previously reported, the EEOC and Abercrombie & Fitch Stores have been entrenched in a nearly decade long battle over Abercrombie’s “Look Policy.” On September 23, 2013, the EEOC and Abercrombie entered into a comprehensive settlement of two separate religious discrimination lawsuits filed on behalf of Muslim teens who wear… Continue Reading

The EEOC Suffers Another Resounding Defeat Due To “Shoot First, Aim Later” Tactics

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler In one of the EEOC’s most high profile cases, Chief Judge Loretta Preska of the U.S. District Court of the Southern District of New York issued a pair of decisions (here and here) yesterday in the case of EEOC v. Bloomberg L.P., 07 Civ. 8383 (S.D.N.Y. Sept. 9, 2013). When read together,… Continue Reading

The EEOC Scores Summary Judgment Win In Religious Discrimination Case

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler In an opinion issued on September 3, 2013, in EEOC v. Abercrombie & Fitch Stores, Inc., Case No. 11-CV-03162 (N.D. Cal. Sept. 3, 2013), Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California granted the EEOC’s motion for summary judgment, finding Abercrombie & Fitch failed… Continue Reading