EEOC Year-End Countdown

Monthly Archives: September 2012

The EEOC Obtains $1.3 Million Award For Disability Discrimination Wage Claims

Posted in Uncategorized

By Christopher DeGroff and Michael A. Wahlander

In EEOC v. Hill Country Farms, Inc., No. 3-11-CV-41 (S.D. Iowa Sept. 18, 2012), the Commission secured summary judgment this past week on its claims that an employer discriminated against intellectually disabled workers by paying them lower wages than non-disabled persons. The ruling awarded a group of 32 employees over $1.3 million. The … Continue Reading

The EEOC Declines To Ask The Supreme Court To Hear EEOC v. CRST

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The explosive ruling in EEOC v. CRST Van Expedited, Inc., 670 F.3d 897 (8th Cir. 2012), in which the Eighth Circuit reversed and remanded the U.S. District Court for the Northern District of Iowa’s order that sanctioned the EEOC a whopping $4.5 million, is easily a contender for our “Top 5 Most Intriguing Decisions In EEOC Cases Of 2012.” (Click … Continue Reading

Seyfarth Shaw Submits Its Second Set Of Comments To The EEOC On Its 2012-2016 Strategic Plan

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In response to the EEOC’s June 4, 2012 press release soliciting public input on its Revised Draft Strategic Enforcement Plan, Seyfarth Shaw submitted its recommendations to the EEOC on September 18 for ways in which it can better achieve the goal of discrimination-free workplaces while not disregarding employer interests and involvement in the process. Our comments are hot off the … Continue Reading

Third Circuit Reaffirms EEOC’s Broad Subpoena Power In Mixed Ruling For Employers

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On September 14, 2012, the U.S. Court of Appeals for the Third Circuit issued another opinion in EEOC v. Kronos, Inc., No. 2:09-MC-00079 (3d Cir. Sept. 14, 2012) (“Kronos II”), addressing an ongoing controversy concerning the scope of the EEOC’s subpoena power. (Click here for our previous post on this issue.)

As the EEOC continues to ratchet up its systemic … Continue Reading

BFOQ Defense Trumps The EEOC – Summary Judgment Entered Against The Commission

Posted in EEOC Litigation

On September 13, 2012, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas granted the Defendant’s motion for summary judgment in EEOC v. Exxon Mobil Corp., No. 06-CV-1732 (N.D. Tex. Sept. 13, 2012), on the EEOC’s allegations of age discrimination in violation of the ADEA. Judge Kinkeade considered a plethora of motions, including motions to … Continue Reading

Court Sends Message To EEOC: Employer Is Given Deference In Accommodation Decision

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Recently, in EEOC v. Ford Motor Co., No. 11-CV-13742 (E.D. Mich. Sept. 10, 2012), Judge John O’Meara of the U.S. District Court for the Eastern District of Michigan rejected the EEOC’s attempt to pursue allegations that the Defendant – Ford Motor Company – failed to accommodate its employee in violation of the Americans With Disabilities Act and then retaliated against … Continue Reading

A “Hail Mary” Pass – An EEOC Interlocutory Appeal On Key Pattern Or Practice Issues

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While we usually post about “hot off the press” federal decisions in employment-related class action litigation, today we highlight litigation that is still simmering in the pleadings stage. In EEOC v. United Parcel Service Inc., No. 09-CV-05291 (N.D. Ill. Sept. 28, 2011), Judge Robert M. Dow Jr. of the U.S. District Court for the Northern District of Illinois partially dismissed … Continue Reading

The EEOC’s Strategic Plan For Fiscal Years 2012-2016 Is Still Under Construction – This Week The Commission Released Another Draft

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The EEOC just published an updated Draft Strategic Plan For Fiscal Years 2012-2016. It is required reading for all employers.

In the Draft Strategic Plan, the EEOC outlined its four-year strategy for accomplishing its mission to “combat employment discrimination through strategic law enforcement,” and for achieving its vision of “justice and equality in the workplace” by implementing a consistent … Continue Reading