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Category Archives: Defenses to Pattern or Practice Cases

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Not Impressed By The Chutzpah: Court Refuses To Bless The EEOC’s Attempt To Create A New Form Of Pattern Or Practice Litigation

Posted in Defenses to Pattern or Practice Cases

By Christopher DeGroffMatthew Gagnon, and Gerald L. Maatman, Jr.

Judge John Darrah of the U.S. District Court for the Northern District of Illinois issued a decision this week in the EEOC’s landmark case against CVS Pharmacy. As we have previously blogged about here, in EEOC v. CVS Pharmacy, Inc., Case No. 14-CV-863 (N.D. Ill.), the EEOC … Continue Reading

Court Upholds Jury Verdict That EEOC Is Not Entitled To Award Of Punitive Damages

Posted in Defenses to Pattern or Practice Cases

By Courtney K. Bohl and Laura J. Maechtlen

On August 21, 2014, in the case EEOC v. Swissport Fueling, Inc., Case No. CV-10-02101-PHX-GMS (D. Ariz. Aug. 21, 2014) (a case we previously blogged about here), Judge G. Murray Snow of the U.S. District Court for the District of Arizona denied the EEOC’s motion to set aside the jury’s … Continue Reading

Latest Development In EEOC’s Appeal Of $4.7 Million Fee Award In The Eighth Circuit

Posted in Defenses to Pattern or Practice Cases

By Rebecca Bjork and Gerald L. Maatman, Jr.

Our loyal readers know that we have been monitoring closely the proceedings in the EEOC’s appeal of the largest fee sanction award against the agency in its history — the $4.7 million awarded by the district court in the sexual harassment case entitled EEOC v. CRST Van Expedited, Inc., No.13-3159 (8th Circuit). … Continue Reading

Is Telecommuting The New Mainstream Reasonable Accommodation Under The ADA? The Sixth Circuit Changes Course On This Issue

Posted in Defenses to Pattern or Practice Cases

By Caroline A. Keller  and Gerald L. Maatman Jr.

While the ADA does not explicitly list telecommuting as a reasonable accommodation, the EEOC guidelines for disability accommodations under the ADA indicate that allowing employees to work from home is required: “An employer must modify its policy concerning where work is performed if such a change is needed as a reasonable … Continue Reading

Alabama District Court Dismisses EEOC Claims Challenging Employer’s No Dreadlocks Policy

Posted in Defenses to Pattern or Practice Cases

By Gerald L. Maatman, Jr. and  Kathryn “Chris” Palamountain

Employing reasoning adopted by a number of other courts, the U.S. District Court for the Southern District of Alabama recently dismissed the EEOC’s claim that an employer’s policy prohibiting employees from wearing dreadlocks violated Title VII – the case of EEOC v. Catastrophe Management Solutions, No. 13-00476-CB-M, 2014 WL 47758 … Continue Reading

What Can the ADA Do For You? Court “Delivers” Blow To UPS By Allowing EEOC’s Challenge To Its Leave Policy

Posted in Defenses to Pattern or Practice Cases

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

On February 11, 2014, Judge Sara Ellis of the U.S. District Court for the Northern District of Illinois denied United Parcel Services, Inc.’s (“UPS”) motion to dismiss in EEOC v. UPS, Inc., No. 1:09-CV-05291 (N.D. Ill. Feb. 12, 2014) –  a  lawsuit alleging that UPS violated the Americans With Disabilities … Continue Reading