thNB9IMGHGBy Julie G. Yap and Alison H. Hong 

In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action brought by the Equal Employment Opportunity Commission and the Arizona Civil Rights
Continue Reading Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

calmBy Gerald L. Maatman, Jr.

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 What Employers Should Know – Listen To The EEOC

apple-full2.jpgBy Christopher DeGroff and Robb McFadden

Fresh on the heels of a full defense verdict in one of the EEOC’s highest profile sexual harassment cases of 2012-2013, the Commission was dealt another blow on April 19, 2013, when the U.S. District Court for the Eastern District of Washington dismissed a closely related retaliation case because of the lack of admissible

Continue Reading Inadmissible Hearsay Rots Away Remaining EEOC Apple-Orchard Retaliation Claims

udco.bmpBy Christopher DeGroff and Gerald L. Maatman, Jr.

In yet another case regarding discovery of social media content, Magistrate Judge Michael E. Hegarty of the U.S. District Court for the District of Colorado recently sanctioned the EEOC for its efforts to evade discovery of social media content in EEOC v. The Original Honeybaked Ham, No 11-CV-2560 (D. Colo. Feb. 27

Continue Reading District Court Sanctions The EEOC For Thwarting Discovery Of Social Media Content

ndil seal.gifBy Gerald L. Maatman, Jr. and Christopher DeGroff

As we blogged about here previously, in the EEOC’s first draft of its Strategic Enforcement Plan, the Commission telegraphed that it was increasingly focused on preventing, and when necessary, litigating workplace harassment and retaliation allegations. The EEOC’s warning was no bluff, for in 2012 the EEOC filed a significant amount of harassment and

Continue Reading EEOC Kicks Off 2013 Settling Sex Harassment And Retaliation Lawsuits

eeocseal.jpgBy Christopher DeGroff and Gerald L. Maatman, Jr.

We have been keeping our readers posted on the rapidly evolving developments concerning the EEOC’s agenda in 2013 and beyond. As we noted in past postings, the EEOC promised in its Strategic Enforcement Plan (“SEP”) that it would increasingly focus on preventing and, when necessary, litigating retaliation claims. The EEOC sharpened its focus on

Continue Reading Rash Of Significant Settlements Signals EEOC Means Business About Retaliation

5903-X31-(8).jpgBy Gerald L. Maatman, Jr.

The keynote speaker at today’s program on Employment Practices Liability Insurance sponsored by the American Conference Institute was Constance Barker, one of the Commissioners of the EEOC. We co-chaired the program and spoke on workplace class actions and EEOC litigation, and Commissioner Barker presented her thoughts in the keynote address on what 2013 has

Continue Reading “The EEOC Talks” – Perspectives From Today’s ACI Program

300px-US_DC_AZ_svg.pngBy Christopher DeGroff and Julie Yap

Despite a number of setbacks in 2011 and 2012, it appears that the EEOC is charging into 2013 with much the same playbook it adopted in years past: aggressive litigation tactics, unreasonable demands for settlement, and an expectation that it can investigate and litigate under its own special set of rules.

Continue Reading New Year, But Old Tactics: EEOC Iced In Arizona For Mixed Bag Of Procedural And Substantive Failings

ndal.bmpBy Christopher DeGroff and Julie G. Yap

As this blog recently reported, the EEOC has reduced the amount of cases it filed in its last fiscal year, and appears to have decided to more aggressively pursue the cases in its current inventory. In EEOC v. The McPherson Companies, Inc., Case No. 10-CV-2627 (N. D. Ala. Nov. 14, 2012)

Continue Reading Boys Will Be Boys: Court Refuses To Expand Liability For Off-Color Badgering And Horseplay Despite EEOC’s Hardball Litigation

section_social_media_marketing.pngBy Christopher DeGroff and Gerald L. Maatman, Jr.

Social media has become an integral part of modern society. Legal issues involving social media and discovery are complex, and evolving. On social media websites, people share information and pictures with friends, family, and even the unknown. Often, employees will communicate with other co-workers on an online forum and discuss their jobs. In EEOC v.

Continue Reading Testing The Social Media Waters – Court Requires The EEOC To Produce Facebook Postings