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Category Archives: EEOC Litigation

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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

The EEOC’s Proposed Wellness Plan Regulation: Some Progress, But Issues Persist

Posted in EEOC Litigation

By Paul H. Kehoe and Lawrence Lorber  

Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans With Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient Protection and Affordable Care Act … Continue Reading

The EEOC Settles Its First Transgender Suit Filed Under Title VII

Posted in EEOC Litigation

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

As we have previously reported, the EEOC has decided to pursue 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. To this … Continue Reading

EEOC Issues Probable Cause Determination Against New York City To The Tune Of $246 million

Posted in EEOC Litigation

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

On April 1, 2015 the EEOC’s New York District Office issued a Determination finding probable cause to believe that the City of New York’s Department of Citywide Administrative Services (“DCAS”) violated Title VII and the Equal Pay Act based on its “pattern of wage suppression and subjective promotion based on…sex, race, … Continue Reading

The EEOC Snares A $12.2 Million Settlement In Colorado, Representing More Than Half The $22.5 Million The EEOC Recovered In The Entirety Of FY 2014

Posted in EEOC Litigation

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

The EEOC recently announced reaching its largest settlement in the last 2 years in EEOC v. Patterson-UTI Drilling Co. LLC, No. 15-CV-600 (D. Colo. Mar. 24, 2015). In this case, Patterson-UTI agreed to settle a race and national origin pattern or practice claim brought by the EEOC for $12.2 million. This … Continue Reading