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Category Archives: EEOC Litigation

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U.S. Chamber of Commerce Calls for More EEOC Oversight

Posted in EEOC Litigation

By: Larry Lorber and Paul Kehoe

On Tuesday, June 10, the House Committee on Education and the Workforce, Subcommittee on Workforce Protections held a hearing entitled “The Regulatory and Enforcement Priorities of the EEOC: Examining the Concerns of Stakeholders.”  Seyfarth Shaw partner Camille A. Olson testified on behalf of the U.S. Chamber of Commerce, the world’s largest business federation, representing … Continue Reading

Mach Mining Gets Last Word At The SCOTUS In Its Quest For Clarification Of EEOC’s Conciliation Obligations

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and Jennifer A. Riley

On June 2, 2014, Mach Mining filed its Reply in support of its Petition for a writ of certiorari from the U.S. Supreme Court in EEOC v. Mach Mining, Case No. 13-1019 (U.S. June 2, 2014).

In a game-changing decision, in December 2013, the Seventh Circuit ruled that an alleged … Continue Reading

Fruit Growers’ Discrimination Dismissal Makes For Both A Sweet And Sour Victory

Posted in EEOC Litigation

By Christopher DeGroff, Kevin Fritz, and Gerald L. Maatman, Jr.

The EEOC’s reach once again exceeded its grasp in its failed lawsuit against growers in the U.S. District Court for the Eastern District of Washington. In EEOC v. Global Horizons, Inc., 11-CV- 3045, 2014 WL 2207866 (E.D. Wash. May 28, 2014), the Court tossed out the EEOC’s discrimination … Continue Reading

Cutting-Edge Issues Stemming From EEOC Enforcement Litigation

Posted in EEOC Litigation

By Gerald L. Maatman, Jr.

The U.S. Equal Employment Opportunity Commission has made eliminating so-called “discriminatory” barriers in recruitment and hiring one of its top priorities. For practical purposes, this means the agency is targeting and scrutinizing the recruitment and hiring practices of all employers. 

As a result, issues with EEOC enforcement litigation remain at or near the top of … Continue Reading

Enough is Enough: Retail Litigation Center Advises Court That The EEOC Has Overstepped In Attack On Releases

Posted in EEOC Litigation

By Christopher J. DeGroff and Laura J. Maechtlen


As many of our loyal readers are aware, the Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy this year, alleging that a standard severance agreement used by the company violates Title VII of the Civil Rights Act of 1964 … Continue Reading

Latest Development In EEOC’s Appeal Of $4.7 Million Fee Award In The Eighth Circuit

Posted in EEOC Litigation

By Rebecca Bjork and Gerald L. Maatman, Jr.

Our loyal readers know that we have been monitoring closely the proceedings in the EEOC’s appeal of the largest fee sanction award against the agency in its history — the $4.7 million awarded by the district court in the sexual harassment case entitled EEOC v. CRST Van Expedited, Inc., No.13-3159 (8th Circuit). … Continue Reading

Court Rejects EEOC’s Objections To $22,900 Spoliation Sanction Award

Posted in EEOC Litigation

By Gerald L. Maatman Jr., Howard M. Wexler, and Nadia Bandukda

In a case we previously blogged about (here and here), EEOC v. Womble Carlyle Sandridge & Rice, LLP, 13-CV-46 (E.D.N.C. Mar. 24, 2014), Magistrate Judge L. Patrick Auld held the EEOC liable for spoliation sanctions based on the “negligence, if not gross negligence” exhibited by the … Continue Reading

Is Telecommuting The New Mainstream Reasonable Accommodation Under The ADA? The Sixth Circuit Changes Course On This Issue

Posted in EEOC Litigation

By Caroline A. Keller  and Gerald L. Maatman Jr.

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 … Continue Reading

Don’t Mess with It: Texas Fires Back At EEOC’s Motion To Dismiss The State’s Challenge To The “Felon Hiring Rule”

Posted in EEOC Litigation

By Gerald L. Maatman, Jr. and  Kathryn “Chris” Palamountain 

We normally pass on blogging about briefs filed by a party before a court ruling, but Texas’ litigation against the EEOC and U.S. Attorney General Eric Holder is not shaping up to be just an everyday lawsuit. 

This is a must read for employers. It goes to the heart of what … Continue Reading