By Gerald L. Maatman, Jr. and Laura Maechtlen
Joining a growing line of cases reflecting judicial intolerance for questionable litigation tactics, the recent ruling in EEOC v. American Somoa Government, et al., No. 11-CV-00525 (D. Haw. Oct. 5, 2012), rejected the EEOC’s “shoot first, aim later” tactics and granted partial summary judgment to the employer. During the investigation and
Continue Reading The EEOC’s “Fishing Expedition” Results In Partial Dismissal Of Its Claims
By Gerald L. Maatman, Jr., Laura J. Maechtlen, and Joshua M. Henderson
Under Title VII, the EEOC has an obligation before filing suit to engage in conciliation in good faith with an employer that is the subject of the Commission’s investigation and good cause determination. This conciliation requirement is not a perfunctory task, or a mere box that
Continue Reading The EEOC Suffers A Set-Back Due To Its Rush To Litigation
By Christopher DeGroff and Gerald L. Maatman, Jr.
Recently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kibosh on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring
By Christopher J. DeGroff and Gerald L. Maatman, Jr.
Courts across the nation continue to weigh in on the Equal Employment Opportunity Commission’s systemic investigation and conciliation tactics. While there is a growing split within the courts, the notion that EEOC litigation is not like monopoly – “just pass go, and collect money by virtue of suing…” – is a
By Christopher DeGroff and Gerald L. Maatman, Jr.
The U.S. Court of Appeals for the Eighth Circuit gave the EEOC a potential reprieve from a stunning $4.467 million fees and expenses award this past week in EEOC v. CRST Van Expedited, Inc., Case Nos. 09-3764, 09-3765 & 10-1682 (8th Cir. Feb. 22, 2012), but in the process the decision dealt the
By Pam Devata and Kendra Paul
The EEOC started its year with a bang. On January 11, 2012, the EEOC announced publically that it had entered into a conciliation agreement with Pepsi Beverages for $3.13 million based on allegations that Pepsi allegedly discriminated against African-American applicants based on use of their criminal histories in the hiring process.
It is the
By Alex Drummond and Erin Wetty
The debate continues in Corporate America and federal courthouses relative to the tactics utilized by the EEOC in pursuing its litigation enforcement program. Some like it; other do not. As detailed here, some federal judges have criticized the EEOC’s tactics and dismissed the government’s lawsuits on a variety of grounds, and some judges
By Christopher J. DeGroff and Gerald L. Maatman, Jr.
With the end of the EEOC’s fiscal year looming on September 30, 2011, employers across the country are feeling the government’s urgency to achieve its year-end goals. The last six to eight weeks of the EEOC’s fiscal year – what we call the “Red Zone” – reveals an EEOC that is a
Continue Reading In The Red-Zone With The EEOC: Effects Of The End Of The EEOC’s Fiscal Year
By Gerald L. Maatman, Jr. and Christopher J. DeGroff
Courts around the country have signaled an intolerance to questionable EEOC litigation tactics over the last 12 months (previously discussed in our blog here and here). Judge George C. Smith of the U.S. District Court for the Southern District of Ohio bucked that trend on July 6, 2011, in his ruling
Continue Reading Ohio Ruling Gives Pass To The EEOC’s Litigation Tactics