Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide information regarding the employer’s use and disclosure of medical information was relevant to the investigation of a single employee’s charge of discrimination. The
Sixth Circuit
Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit
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.…
EEOC Loses Landmark Transgender Discrimination Case
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in demonstrating that it is exempt under the Religious Freedom Restoration Act…
En Banc Sixth Circuit Reverses Itself And Finds That Nearly Unlimited Telecommuting Is Not A Reasonable Accommodation Under The ADA
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr. 10, 2015), a case we blogged about previously here and here, the U.S. Court of Appeals for the Sixth Circuit upheld summary judgment in favor of Ford and against the EEOC in an…
Is Telecommuting The New Mainstream Reasonable Accommodation Under The ADA? The Sixth Circuit Changes Course On This Issue
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…
Sixth Circuit Affirms Dismissal Of EEOC Credit Check Case And Rejects “Homemade” Method Of Determining Race By “Eye-Balling” Photos
Today, less than three weeks after oral argument, the Sixth Circuit affirmed a lower court order granting summary judgment in favor of Kaplan in one of the EEOC’s most high profile cases – – EEOC v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. April. 9, 2014).
The EEOC brought suit…
Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing To Pursue Lawsuit Based On A “Companywide Policy That Did Not Exist”
By Gerald L. Maatman Jr. and Howard M. Wexler
On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against the EEOC in the case of EEOC v. Peoplemark, Inc., No. 11-2582 (6th Cir. Oct. 7, 2013). This decision marks yet another significant win…