EEOC Year-End Countdown

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Is The EEOC’s Role To Enforce The Law, Or Make New Law?

Posted in Uncategorized

By Gerald L. Maatman, Jr.

Today I had the privilege of attending the 6th Annual Forum on Defending Employment Discrimination Litigation hosted by the American Conference Institute in New York, New York (I spoke on defense strategies for defending high stakes, multi-party age discrimination lawsuits).

Constance Barker, one of the five Commissioners at the Equal Employment Opportunity Commission, gave the … Continue Reading

The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement

Posted in Remedies, Uncategorized

By Chris DeGroff and Brian Wong

In the world of EEOC systemic enforcement, court-imposed injunctive relief accompanies nearly every settlement of Title VII claims. The parties memorialize this relief in the form of a consent decree to be approved by the Court and entered as an enforceable order. Though the parties and the public tend to focus primarily on the … Continue Reading

Enough is Enough: Retail Litigation Center Advises Court That The EEOC Has Overstepped In Attack On Releases

Posted in Uncategorized

By Christopher J. DeGroff and Laura J. Maechtlen

Background

As many of our loyal readers are aware, the Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy this year, alleging that a standard severance agreement used by the company violates Title VII of the Civil Rights Act of 1964 … Continue Reading

Court Rejects EEOC’s Objections To $22,900 Spoliation Sanction Award

Posted in Remedies, Uncategorized

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

In a case we previously blogged about (here and here), EEOC v. Womble Carlyle Sandridge & Rice, LLP, 13-CV-46 (E.D.N.C. Mar. 24, 2014), Magistrate Judge L. Patrick Auld held the EEOC liable for spoliation sanctions based on the “negligence, if not gross negligence” exhibited by the … Continue Reading

Don’t Mess with It: Texas Fires Back At EEOC’s Motion To Dismiss The State’s Challenge To The “Felon Hiring Rule”

Posted in Investigation Tactics and Administrative Subpoenas, Uncategorized

By Gerald L. Maatman, Jr. and  Kathryn “Chris” Palamountain 

We normally pass on blogging about briefs filed by a party before a court ruling, but Texas’ litigation against the EEOC and U.S. Attorney General Eric Holder is not shaping up to be just an everyday lawsuit. 

This is a must read for employers. It goes to the heart of what … Continue Reading

EEOC-Initiated Litigation Webinar: Case Law Developments In 2013 And Trends To Watch For In 2014

Posted in Uncategorized

By Gerald L. Maatman, Jr. and Christopher J. DeGroff

Calling all loyal blog readers – the EEOC-Initiated litigation webinar is scheduled for Tuesday, February 25, 2013. Click here to register and attend.

Our readers have given us wide-ranging feedback since the launch of our annual EEOC litigation study, EEOC-Initiated Litigation: Case Law Developments In 2013 And Trends To Watch For … 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

Court Dismisses EEOC’s Background Check Lawsuit Based On Its Reliance On “Laughable” And “Unreliable” Expert Report Filled Of “Errors and Analytical Fallacies”

Posted in Uncategorized

By Gerald L. Maatman Jr., Pamela Q. Devata, and Howard M. Wexler

In a scathing opinion issued today in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 9, 2013), Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a nationwide pattern or practice lawsuit brought by the EEOC (previously discussed here and hereContinue Reading

Time To Pay Up! EEOC Ordered To Pay $4.694 Million In Fees And Costs For Pursuing “Unreasonable” And “Groundless” Claims

Posted in EEOC Litigation, Uncategorized

By Gerald L Maatman Jr. and Howard M. Wexler

In a highly anticipated decision issued yesterday in one of the EEOC’s most high profile cases, Chief Judge Linda R. Reade of the U.S. District Court for the Northern District of Iowa ordered the EEOC to pay $4,694,442.14 in attorneys’ fees, expenses, and costs in the case of EEOC v. CRST … Continue Reading

Protecting Our Troops: New Bill Seeks To Make Military Service A Protected Category

Posted in Uncategorized

By Courtney Bohl, Christopher DeGroff, and Reema Kapur

On July 11, 2013, U.S. Senator Richard Blumenthal (D-Conn.) and U.S. Representative Derek Kilmer (D-Wash.) introduced the Veterans and Servicemembers Employment Rights and Housing Act of 2013. The bill seeks to prohibit discrimination against veterans and servicemembers seeking employment or housing opportunities. If adopted, the bill would amend the … Continue Reading