By Eric Lloyd, Gerald L. Maatman, Jr., and Laura J. Maechtlen

While Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the former class members are continuing to try and regain some of the ground they lost. As reported here, herehere and here, several
Continue Reading Sixth Circuit To Consider Whether Former Dukes Plaintiffs’ Claims Are Timely

By Gerald L. Maatman Jr. and Howard M. Wexler

On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against the EEOC in the case of EEOC v. Peoplemark, Inc., No. 11-2582 (6th Cir. Oct. 7, 2013). This decision marks yet another significant win for employers faced with the
Continue Reading Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing To Pursue Lawsuit Based On A “Companywide Policy That Did Not Exist”

sixth circuit.jpgBy Gerald L. Maatman, Jr. and Laura J. Maechtlen

On May 30, 2013, the Sixth Circuit decided that class certification denial was proper in a proposed nationwide sex discrimination class action against Cintas Corporation brought by female applicants rejected for sales representative jobs. See Davis v. Cintas Corp., No. 10-1662 (6th Cir. May 30, 2013). Notably, the Sixth Circuit

Continue Reading Wal-Mart v. Dukes Strikes Again – Sixth Circuit Denies Class Certification To Applicants In Title VII Gender Discrimination Case Against Cintas

sixth circuit.jpgBy Gerald L. Maatman, Jr. and Jennifer A. Riley

On May 17, 2013, the U.S. Court of Appeals for the Sixth Circuit rendered its opinion in EEOC v. Memphis Health Center, Inc., Nos. 11-6426/27 (6th Cir. May 17, 2013), and held that a prevailing ADEA defendant can recover its attorneys’ fees against the EEOC under the Equal Access to

Continue Reading Sixth Circuit Approves Route For Prevailing ADEA Defendants To Collect Fees From The EEOC

sixth circuit.jpgBy Rebecca Bjork and Chris Palamountain

In 2011, we reported on In Re Countrywide Financial Mortgage Lending Practices Litigation, No. 08-MD-1974, 2011 U.S. Dist. LEXIS 118695 (W.D. Ky. Oct. 13, 2011), a decision denying class certification of a class of mortgage borrowers. In that case, African-American and Hispanic named plaintiffs alleged that Countrywide Financial discriminated against them in granting mortgage

Continue Reading Sixth Circuit Lends Its Voice To Chorus Of Denials Of Class Certification In Subjective Discretion Situations

sixth circuit.jpgBy Christopher DeGroffLaura J. Maechtlen, and Claudia Y. S. Wilson

Three large trade groups representing millions of the country’s businesses and employers entered the appellate fray last Thursday with their filing of an amicus brief before the Sixth Circuit in EEOC v. Peoplemark, Inc. As we previously reported here and hereEEOC v. Peoplemark stems from a

Continue Reading Enough Is Enough: Employers Take A Stand Against The EEOC’s Enforcement Tactics

By Gerald L. Maatman, Jr. and Chris Palamountain

On August 26, 2011, a divided Sixth Circuit ruled in Grant v. Metropolitan Government of Nashville and Davidson County, No. 10-5944 (6th Cir. Aug. 26, 2011), that African-American employees of the Nashville, Tennessee water agency failed to prove their class claims that the agency’s promotion practices had a disparate impact based on

Continue Reading Sixth Circuit Rejects Workers’ Disparate Impact Class Claims Alleging Race Bias In Promotions