Yesterday evening the U.S. Equal Employment Opportunity Commission filed its Reply Brief with the U.S. Supreme Court in Mach Mining v. EEOC, Case No. 13-1019. It draws the battle lines for the upcoming oral argument before the SCOTUS in January of 2015. Given the importance of this case and the issue presented,

Rebecca S. Bjork
Rebecca is Senior Counsel in the Labor and Employment Department in the Washington, D.C. office of Seyfarth Shaw LLP. She has represented clients in the pharmaceutical, automotive, transportation, food and beverage, telecommunications, staffing, higher education, and retail industries in employment, products liability, and consumer class actions and other aggregate litigation proceedings.
The EEOC Wins A Round In Its Discovery Tug-Of-War In EEOC v. Freeman
By Gerald L. Maatman, Jr. and Rebecca Bjork
In EEOC v. Freeman, 2012 U.S. Dist. LEXIS 179183, at *6 (D. Md. Dec. 19, 2012), Magistrate Judge Day of the U.S. District Court for the District of Maryland noted that “there simply is no more aggravating action than a lawyer improperly instructing a deponent not…
District Court Grants The EEOC Summary Judgment In Its Age Discrimination Claim Against Baltimore County’s Pension Plan
Although claims against pension plans are unique and involve challenging issues, the EEOC has shown no reluctance in filing systemic suits alleging that provisions in public employers’ retirement plans are discriminatory. The most recent activity in the EEOC’s series of systemic suits involves EEOC v. Baltimore County, et al., No. 07-CV-2500 (D. Md. Oct.…
Second Circuit Rejects The EEOC’s Broad Injunction Requests
On October 19, 2012, the Second Circuit declined to put its stamp of approval on the EEOC’s attempt to impose lengthy and severe reporting and remedial requirements on a grocery store owner where one nefarious employee — who happened to serve in the dual role of store manager and owner’s fiancée — repeatedly sexually harassed…
The EEOC Gets Knocked Out Of The Ring
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…