EEOC Year-End Countdown

Monthly Archives: January 2014

The EEOC Has A Cow, And Now Must Raise Its Beef On Appeal

Posted in Procedural and Jurisdictional Issues

By Laura Maechtlen and Michael Wahlander

Earlier this week, a federal district court in Nebraska dealt the EEOC two more blows in addition to its recent trial defeat in EEOC v. JBS USA, LLC, 8:10-CV-318 (D. Neb.), when it denied the EEOC’s request for a new trial and certified its trial ruling as an appealable judgment. We covered the Court’s … Continue Reading

A Major Milestone – The EEOC Settles Its First GINA Systemic Lawsuit

Posted in Remedies

By Reema Kapur and Lily M. Strumwasser

Just nine days into the new year the EEOC settled its first systemic lawsuit ever filed alleging genetic discrimination under the Genetic Information Nondiscrimination Act (“GINA”).  Over the past several years the EEOC has trumpeted its focus on high-impact and high-profile cases and the $370,000 settlement of EEOC v. Founders Pavilion Inc., No. … Continue Reading

EEOC Hit With Spoliation Sanctions For Conduct Constituting “Negligence, If Not Gross Negligence”

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

In employment litigation, like in any other lawsuit, the duty to preserve potentially relevant information and documents is an affirmative obligation that is triggered when the party who has the evidence knows that litigation is probable and can foresee the harm or prejudice that would be caused to the party seeking … Continue Reading

To Ring In The New Year, Court Dismisses The EEOC’s Largest Pattern Or Practice Lawsuit For Its Failure To Satisfy Its Duty Of Pre-Lawsuit Investigation

Posted in Motions for Summary Judgment

By Gerald L. Maatman, Jr.

In one of the first workplace rulings of 2014, the U.S. District Court for the Western District Of New York granted an employer’s motion for summary judgment in EEOC v. Sterling Jewelers Inc., Case No. 08-CV-706 (W.D.N.Y. Jan. 2, 2014), and dismissed the lawsuit because the Commission failed to show that its pre-lawsuit investigation was … Continue Reading