EEOC Year-End Countdown

Tag Archives: Title VII

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

Posted in Motions for Summary Judgment

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

Seyfarth Synopsis:  In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a supervisor under Title VII, and therefore the company was not vicariously liable for his actions. … 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

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 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

Now Something Known As “Onionhead” Is A “Religion” For Which The EEOC Can Bring A Religious Discrimination Suit

Posted in Motions for Summary Judgment

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

Seyfarth Synopsis: In an EEOC religious discrimination case, a federal court found that “Onionhead” was a religion for purposes of Title VII.   The court also found that the EEOC did not fail to meet its Title VII pre-suit duties when it added to its lawsuit seven additional claimants that it discovered … 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