EEOC Year-End Countdown

Monthly Archives: August 2012

The EEOC Suffers A Set-Back Due To Its Rush To Litigation

Posted in Uncategorized

By Gerald L. Maatman, Jr., Laura J. Maechtlen, and Joshua M. Henderson

Under Title VII, the EEOC has an obligation before filing suit to engage in conciliation in good faith with an employer that is the subject of the Commission’s investigation and good cause determination. This conciliation requirement is not a perfunctory task, or a mere box that … Continue Reading

Tenth Circuit Rejects Another EEOC Lawsuit And Affirms $140,571.62 In Attorneys’ Fees For The EEOC’s “Frivolous” Lawsuit

Posted in Uncategorized

By Christopher DeGroff and Gerald L. Maatman, Jr.

This past week the Tenth Circuit affirmed another fee sanction against the EEOC, and struck down the EEOC’s attempt to litigate questionable (at best) issues under the Americans With Disabilities Act in EEOC v. TriCore Reference Laboratories, No. 11-CV-2096 (10th Cir. 2012). The Tenth Circuit affirmed the U.S. District Court for the … Continue Reading

The EEOC Is Ordered To Show What’s Behind The Agency’s Curtain In Background Checking Suit

Posted in EEOC Litigation

Recently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kibosh on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring practices. In this case, the EEOC brought suit … Continue Reading

The EEOC Gets Knocked Out Of The Ring

Posted in Uncategorized

On August 7, 2012, Judge Martin Reidinger of the U.S. District Court for the Western District of North Carolina “knocked out” the EEOC’s lawsuit against Propak Logistics, Inc. (“Propak”) – in EEOC v. Propak Logistics Inc., No. 1:09-CV-311 (W.D.N.C. Aug. 7, 2012), – due to the EEOC’s unreasonable and prejudicial delay in prosecuting the suit. The Court found the … Continue Reading

Eastern District Of Washington Wipes Out Another EEOC Attempt To Circumvent § 706’s 300-Day Limitation Period

Posted in Uncategorized

Joining a wave of similar decisions across the country, Judge Edward F. Shea of the U.S. District Court for the Eastern District of Washington this week held that EEOC actions seeking relief for a pattern or practice of unlawful employment actions under § 707 must adhere to the 300-day limitations period set forth by § 706. In EEOC v. Global … Continue Reading

The EEOC Secures Injunctive Relief In Sex Harassment Lawsuit

Posted in EEOC Litigation

 The U.S. District Court for the District of Nevada recently issued an opinion in EEOC v. Prospect Airport Services, Inc., U.S. Dist. LEXIS 103256 (D. Nev. July 25, 2012), which granted the EEOC sweeping injunctive relief and ordered the Defendant to implement steps to deter future violations of sexual harassment. The EEOC immediately trumpeted the ruling with a press releaseContinue Reading