Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, in 2020, government enforcement litigation slowed considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #4 Government Enforcement Litigation
EEOC Update: The Commission Holds Public Meeting On Final Rules And New Opinion Letter
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: On January 7, 2021, the EEOC held a public meeting of its fiscal year to consider three separate agenda items, including a final rule updating the Commission’s conciliation procedures, a formal opinion letter concerning Individual Coverage Health Reimbursement Arrangements under the
Continue Reading EEOC Update: The Commission Holds Public Meeting On Final Rules And New Opinion Letter
EEOC Update: The Commission Finally Releases Its Proposed Amendments For Its Conciliation Process
By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: As we first reported here, the EEOC announced in August 2020 that it was proposing significant amendments to its conciliation process via a notice of proposed rulemaking (“NPRM”), though specific details regarding the amendments were not released at that time.
Continue Reading EEOC Update: The Commission Finally Releases Its Proposed Amendments For Its Conciliation Process
EEOC Update: The Commission Announces Two New Pilot Programs For Conciliation And Mediation Processes
By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: On July 7, 2020, the EEOC announced in a press release two new six-month pilot programs aimed at increasing voluntary resolutions of discrimination charges. One of the new programs seeks to increase the effectiveness of the conciliation process at the Commission,
Continue Reading EEOC Update: The Commission Announces Two New Pilot Programs For Conciliation And Mediation Processes
New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline
By Gerald L. Maatman, Jr., Andrew Scroggins and Christopher DeGroff
Seyfarth Synopsis: An in-depth analysis by Seyfarth Shaw sheds new light on how quickly the EEOC moves matters from letter of determination, through conciliation, to litigation. For charges that result in litigation, the EEOC spends, on average, just over two months in conciliation. After declaring that conciliation has failed,
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No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)
Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had not yet applied to work for Bass Pro when the mandatory Title VII conciliation process took place.
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The latest chapter
Continue Reading No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)
2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)
We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, titled EEOC-Initiated Litigation: FY 2016, is a thorough analysis of the lawsuits that were filed by the
Continue Reading 2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)
Gambling With The EEOC
Seyfarth Synopsis: A seemingly innocuous case filed by the EEOC on behalf of a single charging party against a casino operator highlights some of the risks of betting at the conciliation table. Employers take note!
As its FY 2016 wound down, the EEOC filed suit against a casino operator – in the case of EEOC v. Greektown Casino, L.L.C., Case
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More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope of the EEOC’s investigation, and denied the EEOC’s motion to amend its complaint to
Continue Reading More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order
After A Decade Of Mixed Results, EEOC Rebrands Its Systemic Discrimination Litigation Program
By Gerald L. Maatman, Jr., Christina M. Janice and Alex W. Karasik
Seyfarth Synopsis: With the publication of a ten-year review of its systemic discrimination program on July 7, 2016, the EEOC seeks to blunt employer and judicial scrutiny of the EEOC’s litigation practices by emphasizing its internal staffing and technological improvements, the gains it has made over time
Continue Reading After A Decade Of Mixed Results, EEOC Rebrands Its Systemic Discrimination Litigation Program