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Category Archives: EEOC Litigation

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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

It’s So Nice, The EEOC Wants To Hear Your Input Twice: The EEOC Seeks Public Feedback On Its Regulations Again!

Posted in EEOC Litigation

By William David and Laura Maechtlen 

In 2011, the U.S. Equal Employment Opportunity Commission (EEOC) invited the public to comment on how its significant regulations could be improved by modifying, streamlining, expanding, or repealing them.  Since opening its doors for public comments, the EEOC has received 93 comments.  The EEOC summarized and responded to these comments, which are publicly available … Continue Reading

Court Orders EEOC To Pay Defendants’ Attorney’s Fees For “Baseless, Unreasonable and Frivolous” Lawsuit

Posted in EEOC Litigation

By Courtney Bohl, Christopher DeGroff, and Gerald L. Maatman, Jr.

On March 18, 2015, in EEOC v. Global Horizons, Inc., et al., Case No. 2:11-CV-03045, Judge Edward F. Shea of the U.S. District Court for the Eastern District of Washington ordered the EEOC to pay defendants Green Acre Farms, Inc. and Valley Fruit Orchards, LLC (collectively “Grower Defendants”) … Continue Reading

Tenth Circuit Clarifies ADA Direct-Threat Defense For EEOC Litigation

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On March 16, 2015, in EEOC v. Beverage Distributors Co., LLC, No. 14-1012 (10th Cir. 2014), the U.S. Court of Appeal for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred by providing improper jury instructions on the direct-threat defense under the Americans With … Continue Reading

Supreme Court Tea Leaves: What Employers Should Expect In EEOC v. Abercrombie & Fitch

Posted in EEOC Litigation

The U.S. Supreme Court recently heard oral arguments in EEOC v. Abercrombie & Fitch, No. 14-86, a case alleging that implementation of the retail store’s “Look Policy” caused religious discrimination. We have blogged about this case previously –  here, here, here, here, and here. To recap, this case was brought by the EEOC alleging … Continue Reading

Annual EEOC-Initiated Litigation Webinar: Case Law Developments In 2014 And Trends To Watch For In 2015

Posted in EEOC Litigation

For all our loyal blog readers – our Annual EEOC-Initiated Litigation Webinar is scheduled for Monday, March 23, 2015. Click here to register and attend.

Our readers have given us wide-ranging feedback since the launch of our annual EEOC litigation study, EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015. This publication is a definitive … Continue Reading

Fourth Circuit Deals Body Blow To EEOC Hiring Check Enforcement Litigation

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Pamela Q. Devata, and Jason Englund

Today the U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation in EEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S. District … Continue Reading