Last year, the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII.” The District Court held that Texas … Continue Reading
This morning the U.S. Supreme Court heard oral arguments in Mach Mining v. EEOC.
Mach Mining v. EEOC may be one of the most important cases on EEOC litigation issues in years. The stakes are high for employers and workers alike (see pre-argument media reports here).
The precise issue the case presents is whether … Continue Reading
As we reported in our recent Annual EEOC Report (found here), the EEOC prides itself on its aggressive litigation theories and strategies. But just one week into 2015, the EEOC’s envelope-pushing tactics have already been shot down twice. In EEOC v. Performance Food Group, Inc., … Continue Reading
Every year at this time we like to offer our loyal readers a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, entitled EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015 is set for distribution in … Continue Reading
In the closely watched case of EEOC v. BMW Manufacturing Co., LLC, 13-CV-1583 (D.S.C.), which concerns the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII (most recently discussed here, the parties have waged a discovery battle over whether the EEOC should be forced … Continue Reading
Earlier this year, we blogged about the EEOC’s aggressive attack on CVS Pharmacy Inc.’s standard release agreement which contained terms more expansive in favor of employees than the EEOC’s own interpretive guidance, and agreements held enforceable by in key court decisions. The EEOC v. CVS case was eventually dismissed on procedural grounds because the … Continue Reading
As our loyal blog readers know, we have followed the course of the Supreme Court proceedings in Mach Mining v. EEOC , No. 13-1019 (U.S.) with keen interest. Our prior posts are here, here, here, and here. Simply stated, this case has the potential to be a real game-changer for employers.
This afternoon Mach … Continue Reading
Earlier this year, the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII. In State of Texas v. EEOC, Case … Continue Reading
Employers have become accustomed to the federal courts rubber stamping EEOC subpoenas seeking company-wide information based on a single charge of discrimination. In light of the EEOC’s systemic focus — and the agency’s desire to transform single allegations into a blockbuster systemic actions — aggressive and extensive EEOC subpoenas requests … Continue Reading
Sen. Lamar Alexander (R-TN), the current Ranking Member and soon to be Chairman of the Senate Health, Education, Labor & Pensions Committee, today issued a report entitled EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, and Lack of Transparency Raise Concerns About Important Anti-Discrimination Agency, … Continue Reading