EEOC v. CRST Van Expedited, Inc. is a key case for all employers.
Today I had the privilege of attending the 24th Annual Employment Practices Liability Insurance Program hosted by the American Conference Institute in New York City (I moderated a session on EEOC litigation).
Constance Barker, one of the five Commissioners at the U.S. Equal Employment Opportunity Commission, gave the keynote address at the Program. Her presentation … Continue Reading
Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing suit, and that the scope of that review is narrow, the … Continue Reading
With the publication of our Annual Study on EEOC Litigation, the reaction from clients and loyal blog readers has been great. The Study was reported widely by the media too. Our upcoming January 19 webinar on the Study already has over 1,200 participants. It manifests the notion that EEOC litigation is one of those workplace issues that keep executives, corporate … Continue Reading
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its recent attack on wellness plans, discussed here.
Most recently, in EEOC v. Autozone, Inc., No. … Continue Reading
We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with 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 … Continue Reading
As we previously blogged about, most recently here and here, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked 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 … Continue Reading
In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several discovery issues that have become increasingly common in large-scale, EEOC-initiated disparate impact … Continue Reading
On November 19, 2015, the EEOC released its annual 2015 Performance and Accountability Report (“PAR”). The Report reflects the progress of the EEOC’s continued efforts to meet the enforcement priorities outlined in its 2012 strategic enforcement plan (“SEP”), including its systemic litigation initiative. For employers, this is perhaps … Continue Reading
In EEOC v. New Indianapolis Hotels, LLC, No. 10-CV-1234 (S. D. Ind. Nov. 9, 2015), Judge William T. Lawrence of the U.S. District Court for the Southern District of Indiana granted the EEOC attorneys’ fees for the time it spent trying to enforce a consent decree against an employer. This ruling … Continue Reading