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Category Archives: EEOC Litigation

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Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek certain legal remedies.

Undocumented workers and immigration reform are part of the political debate … Continue Reading

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Alex W. Karasik

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary judgment.

In EEOC v. Peters’ Bakery, No. 13-CV-04507, 2016 U.S. Dist. LEXIS 54379 (N.D. Cal. Apr. 21, … Continue Reading

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Alex W. Karasik

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for allegedly retaliating against workers who claim discrimination.

In this case, the … Continue Reading

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

Posted in EEOC Litigation

By Julie G. Yap and Alison H. Hong 

In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action brought by the Equal Employment Opportunity Commission and the Arizona Civil Rights … Continue Reading

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Christina M. Janice and Alex W. Karasik

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this month.  At issue in EEOC v. CRST Van Expedited, Inc. is whether and … Continue Reading

Back On The Butcher’s Block: Court Chops Down Meat Packing Employer’s Witness List In EEOC Religious Discrimination Case

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Alex W. Karasik

In a pair of EEOC religious discrimination cases brought in Nebraska and Colorado against meat packing company JBS USA, LLC (which we have blogged about here, here, here, here, here, and here), the lawsuits alleged that JBS discriminated against its Muslim employees on the … Continue Reading

With Adverse Employment Action Absent, Court Denies EEOC’s Motion For Reconsideration In Religious Accommodation Case

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Alex W. Karasik

In an important EEOC case involving the intersection of company dress code policies and the rights of employees seeking religious accommodations, following a grant of both parties’ summary judgment motions in part, which we previously blogged about here, the EEOC moved for reconsideration of the dismissal of one individual’s claims … Continue Reading

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

Posted in EEOC Litigation

By Gerald L. Maatman Jr, Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination.  It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited sex-discrimination under Title VII of the Civil Rights Act of 1964.  On … Continue Reading

Judgment Day Dooms Employer: No New Trial In EEOC Case After Finding Of Failure To Accommodate Anti-Christ Fears

Posted in EEOC Litigation

By Gerald L. Maatman Jr. and Alex W. Karasik

In EEOC v. Consol Energy, Inc., Case No. 13-CV-215 (N. D. W.Va. Feb. 9, 2015), the EEOC brought a religious discrimination suit on behalf of an employee against his coal mining employer defendants, parent company Consol Energy, Inc. and subsidiary Consolidation Coal Company.  The Commission alleged that defendants refused to provide … Continue Reading