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Category Archives: EEOC Litigation

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Where’s the Beef Part II: Court Refuses To “Butcher” EEOC’s Religious Discrimination Claim

Posted in EEOC Litigation

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

Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered judgment for the employer, JBS USA, in a hotly contested religious discrimination … Continue Reading

The EEOC Rules That Existing Federal Law Prohibits Employment Discrimination Based On Sexual Orientation

Posted in EEOC Litigation

By Laura Maechtlen and Sam Schwartz-Fenwick

In a landmark ruling on July 15, 2015 in _____ [name of charging party kept secret] v. Foxx, EEOC Appeal No. 2012-24738–FAA-03 (July 15, 2015), the U.S. Equal Employment Opportunity Commission (“EEOC’) held for the first time that Title VII extends to claims of employment discrimination based on sexual orientation. Specifically, the EEOC determined … Continue Reading

Court Shoots Down The EEOC At “Mach” Speed Based On “Sham” Conciliation Process

Posted in EEOC Litigation

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

Amid the flurry of major U.S. Supreme Court decisions that were decided towards the end of the 2014-2015 term, the landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015), seems like ancient history. As we previously blogged about, most recently here and here, the Supreme Court concluded … Continue Reading

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

Posted in EEOC Litigation

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

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of North Carolina and upheld the summary judgment dismissal of an … Continue Reading

The EEOC Secures Favorable Ruling Over Discovery Of The Government’s Employment Practices

Posted in EEOC Litigation

By Christopher M. Cascino and Gerald L. Maatman, Jr.

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill. May 5, 2015), Judge Andrea R. Wood of the U.S. District Court for the Northern District of Illinois decided several discovery issues that have become increasingly common in EEOC-initiated disparate impact litigation.  In contrast with other recent decisions … Continue Reading

EEOC Denied Inspection Of Employer’s Premises

Posted in EEOC Litigation

By Christopher M. Cascino and Gerald L. Maatman, Jr.

In EEOC v. Vicksburg Healthcare, LLC, No. 13-CV-895 (S.D. Miss. Apr. 22, 2015), Magistrate Judge Michael T. Parker of the U.S. District Court for the Southern District of Mississippi denied the EEOC’s request to be allowed to inspect and observe the defendant’s facility in an Americans With Disabilities Act (“ADA”) action. … Continue Reading

Supreme Court Victory For Employers Today In Mach Mining v. EEOC

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Christopher Cascino, and Matthew Gagnon

On April 29, 2015, the U.S. Supreme Court issued its long-awaited decision in Mach Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts have the authority to review the EEOC’s conciliation efforts. In language that is sure … Continue Reading

EEOC’s “Sex” Discrimination Lawsuit Filed On Behalf Of Transgendered Worker Survives Motion To Dismiss

Posted in EEOC Litigation

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

As we have previously reported, the EEOC is pursuing test cases to establish legal protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment as part of its strategic mission even though no federal statute, including Title VII, explicitly prohibits employment discrimination based on gender identity or expression. … Continue Reading

En Banc Sixth Circuit Reverses Itself And Finds That Nearly Unlimited Telecommuting Is Not A Reasonable Accommodation Under The ADA

Posted in EEOC Litigation

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 Americans With Disabilities Act (“ADA”) failure … Continue Reading