By Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a supervisor under Title VII, and therefore the company was not vicariously liable for his actions.
Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case
By Gerald L. Maatman, Jr., Christopher J. DeGroff and Alex W. Karasik
Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the abuse-of-discretion standard, a relatively high bar of
Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik
Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race discrimination lawsuit against Bass Pro,
Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik
Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced by an employer, including: (1)
U.S. Supreme Court Holds That An Abuse-Of-Discretion Standard Applies To Review Of EEOC Subpoenas
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Matt Gagnon
Seyfarth Synopsis: Yesterday the U.S. Supreme Court handed down its long-awaited decision in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), a decision that clarifies the scope of review for employers facing EEOC administrative subpoenas. The Supreme Court
Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer
By Gerald L. Maatman, Jr., Mark W. Wallin, and Alex W. Karasik
Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers understanding the contours of the charges being investigated
2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Matthew J. Gagnon
We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book,
Bullseye On Big Business: EEOC’s 2016 Performance And Accountability Report Shows Target On Systemic Litigation
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew Gagnon, and Alex W. Karasik
Seyfarth Synopsis: The EEOC recently released its annual Performance and Accountability Report for the fiscal year 2016, a must-read for employers regarding statistical data on EEOC litigation. Continuing a trend from recent years, the EEOC has reaffirmed its commitment to
EEOC Shakeup? Top Ways Trump Presidency Could Impact The EEOC
By: Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew Gagnon
Seyfarth Synopsis: The Trump Presidency will undoubtedly impact how the EEOC pursues its enforcement agenda. Although it is impossible to predict exactly what changes are in store, we think that it is a good bet that they will be driven by changes in personnel,
A Look Through The Crystal Ball: The EEOC’s Updated 2017-2021 Strategic Enforcement Plan
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Matthew J. Gagnon
Seyfarth Synopsis: On October 17, 2016, the EEOC unveiled its updated Strategic Enforcement Plan (“SEP”) for Fiscal Years 2017-2021. It ought to be required reading for every employer and their executive teams.
The New SEP
The 2017 SEP can be viewed here.