Injunctions in EEOC pattern or practice lawsuits are rare at least before a finding of on-going, systemic discrimination. In the case of EEOC v Evans Fruit Co. Inc., No. 10-CV-3033-LRS (E.D. Wash. Oct. 5, 2010), the EEOC just secured one, which is exceedingly rare. The order may telegraph another tactical tool it intends to use when retaliation is alleged during the course of a case.  The underlying complaint brought by the EEOC alleged that Evans Fruit created a hostile work environment for women, targeting Evans Fruit manager Juan Marin in particular.  After the suit’s filing, the EEOC received allegations that Marin and others were intimidating witnesses, including following them from the facility, tracking their movements, and even photographing witness meetings.  The EEOC sought emergency injunctive relief; the Court held a four day hearing to determine if a preliminary injunction was necessary to stop the retaliatory conduct.  The Court concluded that, while an injunction was an “extraordinary remedy,” it was appropriate given the strong evidence that the government’s investigation would be compromised if the alleged intimidation continued.  The facts of this case are fairly extreme and overt intimidation like that alleged in Evans Fruit is uncommon.  But given the success of this injunction tactic in this litigation, the EEOC may be primed to expand its use of this tool to less obvious situations, both to gain momentum in the underlying litigation as well as early positive media coverage.

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Photo of Christopher J. DeGroff Christopher J. DeGroff

Christopher is a partner in the Labor and Employment Department in the Firm’s Chicago office, with a practice largely focused on multi-plaintiff and class/collective actions. Mr. DeGroff’s class action experience spans the scope of employment law theories. Mr. DeGroff also has extensive experience…

Christopher is a partner in the Labor and Employment Department in the Firm’s Chicago office, with a practice largely focused on multi-plaintiff and class/collective actions. Mr. DeGroff’s class action experience spans the scope of employment law theories. Mr. DeGroff also has extensive experience litigating against the Equal Employment Opportunity Commission (EEOC), both at the early charge stage and in large-scale EEOC pattern-and-practice litigation. Mr. DeGroff has developed innovative strategies for addressing wide-ranging governmental requests for information and has handled complex regional and national EEOC investigations, typially resulting in no action being taken against our clients at all. When the EEOC has resorted to litigation, Mr. DeGroff has been instrumental in defending our clients against these often high-profile systemic cases, working with any number of class action teams to achieve efficient and effective case resolution. Mr. DeGroff’s class experience also includes a significant understanding of emerging electronic discovery issues, and has conducted speeches and published articles on electronic discovery and other high-technology issues.