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Inadmissible Hearsay Rots Away Remaining EEOC Apple-Orchard Retaliation Claims

Posted in EEOC Litigation, Uncategorized

By Christopher DeGroff and Robb McFadden Fresh on the heels of a full defense verdict in one of the EEOC’s highest profile sexual harassment cases of 2012-2013, the Commission was dealt another blow on April 19, 2013, when the U.S. District Court for the Eastern District of Washington dismissed a closely related retaliation case because… Continue Reading

EEOC-Initiated Litigation Webinar: Case Law Developments In 2012 And Trends To Watch For In 2013

Posted in Uncategorized

By Christopher DeGroff and Gerald L. Maatman, Jr. Calling all loyal blog readers – the EEOC-Initiated litigation webinar is just a few days away – on Tuesday, March 12, 2013. We still have spaces available for the webinar – click here to register and attend. Our readers have given us wide-ranging feedback since the launch… Continue Reading

District Court Sanctions The EEOC For Thwarting Discovery Of Social Media Content

Posted in Uncategorized

By Christopher DeGroff and Gerald L. Maatman, Jr. In yet another case regarding discovery of social media content, Magistrate Judge Michael E. Hegarty of the U.S. District Court for the District of Colorado recently sanctioned the EEOC for its efforts to evade discovery of social media content in EEOC v. The Original Honeybaked Ham, No… Continue Reading

Seyfarth Shaw Submits Guidance To The EEOC On Its Quality Control Plan

Posted in Uncategorized

By Rebecca Bromet, Christopher DeGroff, and Gerald L. Maatman, Jr. The EEOC’s Quality Control Plan for investigations and conciliation emerges on the heels of the Commission’s Strategic Enforcement Plan for FY 2013-2016. As we previously reported, the EEOC’s Strategic Plan will function as the blueprint for the Commission’s enforcement activity for the next several years. Because… Continue Reading

“The EEOC Talks” – Perspectives From The Commission’s Strategic Enforcement Plan Meeting

Posted in Uncategorized

By Christopher DeGroff and Gerald L. Maatman, Jr. After much anticipation, heated debate, and numerous invitations for public comment on the EEOC’s Strategic Enforcement Plan, on February 20, 2013, the EEOC provided an update on its implementation of the Strategic Plan. Approved on December 18, 2012, the Strategic Plan will function as the blueprint for the… Continue Reading

District Court Rejects The EEOC’s Disability Discrimination Claim And Rules That Random Alcohol Tests Do Not Violate The ADA

Posted in Uncategorized

By Christopher DeGroff and Gerald L. Maatman, Jr. In a unique case, the U.S. District Court for the Western District of Pennsylvania recently dismissed the EEOC’s allegations that the Defendant’s random drug and alcohol testing of probationary employees violated the ADA. The decision in EEOC v. United States Steel Corp., No. 10-CV-1283 (W.D. Pa. Feb…. Continue Reading

EEOC Kicks Off 2013 Settling Sex Harassment And Retaliation Lawsuits

Posted in Uncategorized

By Gerald L. Maatman, Jr. and Christopher DeGroff As we blogged about here previously, in the EEOC’s first draft of its Strategic Enforcement Plan, the Commission telegraphed that it was increasingly focused on preventing, and when necessary, litigating workplace harassment and retaliation allegations. The EEOC’s warning was no bluff, for in 2012 the EEOC filed a… Continue Reading

In Setback For Employers, District Court Permits EEOC To Pursue Claims For Unidentified Claimants Affected By Medical Leave Policy

Posted in Uncategorized

By Gerald L. Maatman, Jr. and Jennifer A. Riley On January 11, 2013, in a rare sua sponte reversal, Judge Robert M. Dow, Jr. of the U.S. District Court for the Northern District of Illinois reconsidered his previous rulings and allowed the EEOC to pursue claims on behalf of unidentified class members about whom it… Continue Reading