No federal statute explicitly prohibits employment discrimination based on gender identity or expression. Nevertheless, in recent years, the EEOC has advocated — including as part of its strategic plan — that it would pursue protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment. Indeed, on April 20, 2012, the agency issued a … Continue Reading
As we have blogged previously, the EEOC is increasingly wielding its subpoena power in pre-lawsuit investigations and subpoena enforcement proceedings to conduct expansive, nationwide investigations. While courts traditionally have given the EEOC wide latitude in exercising its subpoena power, in recent years numerous courts have curbed the EEOC’s efforts to push … Continue Reading
The nightmare scenario for a corporate counsel is being on the receiving end of an EEOC lawsuit where the Commission sues on behalf of a class of allegedly injured individuals based on a purported discriminatory pattern or practice. More often than not, the EEOC does not limit the temporal scope of its claims, and … Continue Reading
There continues to be growing firestorm of litigation initiated by the EEOC over hiring checks based on criminal backgrounds. In one of the most high profile cases addressing this issue (that we previously blogged about here and here,) Judge Sam R. Cummings of the U.S. District Court for the Northern District … Continue Reading
On August 7, 2014, the U.S. District Court for the Western District of Oklahoma entered its decision in EEOC v. Midwest Regional Medical Center, LLC, No. CIV-13-789-M (W.D. Okla. Aug. 7, 2014), and granted partial summary judgment in favor of the EEOC.
In a rare partial summary judgment win, … Continue Reading
As we previously blogged about, most recently here, the U.S. Supreme Court’s decision to grant certiorari in Mach Mining, LLC v. EEOC (No. 13-1019) could be a game changer in EEOC-related litigation. In Mach Mining, the Seventh Circuit ruled that an alleged failure to conciliate is not an affirmative defense to … Continue Reading
In the spirit of “it ain’t over ‘till it’s over,” this week’s decision in EEOC v. Bass Pro Outdoor World, LLC, et al., Case No. 11-CV-3425 (S.D. Tex. July 30, 2014), by Judge Keith Ellison of the U.S. District Court for Southern District of Texas … Continue Reading
The EEOC has encountered a series of set-backs over the last several years in terms of big losses and fee sanction awards. Our past blog posts have reported on these court rulings and defeats (here, here, here, and here.) As a result, criticism has mounted, stakeholders … Continue Reading
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
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