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Tag Archives: Tenth Circuit

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

Tenth Circuit Clarifies ADA Direct-Threat Defense For EEOC Litigation

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Alexis P. Robertson

On March 16, 2015, in EEOC v. Beverage Distributors Co., LLC, No. 14-1012 (10th Cir. 2014), the U.S. Court of Appeal for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred by providing improper jury instructions on the direct-threat defense under the Americans With … 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

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 … Continue Reading