In yet another case regarding discovery of social media content, Magistrate Judge Michael E. Hegarty of the U.S. District Court for the District of Colorado recently sanctioned the EEOC for its efforts to evade discovery of social media content in EEOC v. The Original Honeybaked Ham, No 11-CV-2560 (D. Colo. Feb. 27,
Seyfarth Shaw Submits Guidance To The EEOC On Its Quality Control Plan
By Rebecca Bromet, and Christopher DeGroff
The EEOC’s Quality Control Plan for investigations and conciliation emerges on the heels of the Commission’s Strategic Enforcement Plan for FY 2013-2016. As we previously reported, the EEOC’s Strategic Plan will function as the blueprint for the Commission’s enforcement activity for the next several years. Because of
“The EEOC Talks” – Perspectives From The Commission’s Strategic Enforcement Plan Meeting
After much anticipation, heated debate, and numerous invitations for public comment on the EEOC’s Strategic Enforcement Plan, on February 20, 2013, the EEOC provided an update on its implementation of the Strategic Plan. Approved on December 18, 2012, the Strategic Plan will function as the blueprint for the Commission’s enforcement activity
District Court Rejects The EEOC’s Disability Discrimination Claim And Rules That Random Alcohol Tests Do Not Violate The ADA
In a unique case, the U.S. District Court for the Western District of Pennsylvania recently dismissed the EEOC’s allegations that the Defendant’s random drug and alcohol testing of probationary employees violated the ADA. The decision in EEOC v. United States Steel Corp., No. 10-CV-1283 (W.D. Pa. Feb. 20, 2013), is striking in
EEOC Kicks Off 2013 Settling Sex Harassment And Retaliation Lawsuits
As we blogged about here previously, in the EEOC’s first draft of its Strategic Enforcement Plan, the Commission telegraphed that it was increasingly focused on preventing, and when necessary, litigating workplace harassment and retaliation allegations. The EEOC’s warning was no bluff, for in 2012 the EEOC filed a significant amount of harassment
The Top 5 Most Intriguing Decisions In EEOC Cases Of 2012
By Christopher DeGroff and Gerald L. Maatman, Jr.
Calling all loyal readers of our blog – our annual EEOC litigation study is here: the launch of our book entitled EEOC-Initiated Litigation: Case Law Developments In 2012 And Trends To Watch For In 2013.
This publication is what we hope you will agree is a
In Setback For Employers, District Court Permits EEOC To Pursue Claims For Unidentified Claimants Affected By Medical Leave Policy
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On January 11, 2013, in a rare sua sponte reversal, Judge Robert M. Dow, Jr. of the U.S. District Court for the Northern District of Illinois reconsidered his previous rulings and allowed the EEOC to pursue claims on behalf of unidentified class members about whom it
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
Final EEOC Strategic Enforcement Plan Approved: A New Vision Or Business As Usual?
By Christopher DeGroff, Gerald L. Maatman, Jr. and Julie G. Yap
After much anticipation, heated debate, and numerous invitations for public comment, today the EEOC announced that it approved its Strategic Enforcement Plan for FY 2013-2016. As we previously reported, the EEOC’s SEP will function as the blueprint for the Commission’s
Boys Will Be Boys: Court Refuses To Expand Liability For Off-Color Badgering And Horseplay Despite EEOC’s Hardball Litigation
By Christopher DeGroff and Julie G. Yap
As this blog recently reported, the EEOC has reduced the amount of cases it filed in its last fiscal year, and appears to have decided to more aggressively pursue the cases in its current inventory. In EEOC v. The McPherson Companies, Inc., Case No.