By Gerald L. Maatman, Jr., Alex S. Oxyer, and Alex W. Karasik
Seyfarth Synopsis: In a recent ruling out of the U.S. District Court for the Middle District of Florida, the Court denied approval of a consent decree agreed upon by the EEOC and a defendant, taking issue with the decree’s requirement that the defendant take “all affirmative steps” to
Continue Reading Back To The Drawing Board: Federal Court Denies Consent Decree Approval To EEOC Consent Decree
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh Circuit affirmed the district court’s denial of the motion and dissolution of the consent decree on
Continue Reading Eleventh Circuit Affirms Dissolution Of Class Action Consent Decree Due To Plaintiffs’ Inaction
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. New Indianapolis Hotels, LLC, No. 10-CV-1234 (S. D. Ind. Nov. 9, 2015), Judge William T. Lawrence of the U.S. District Court for the Southern District of Indiana granted the EEOC attorneys’ fees for the time it spent trying to enforce a consent decree against an employer. This ruling
Continue Reading Court Awards The EEOC Attorneys’ Fees In Contempt Dispute
By Gerald L. Maatman Jr. and Howard M. Wexler
As we have previously reported, the EEOC has decided to pursue protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment as part of its strategic mission even though no federal statute, including Title VII, explicitly prohibits employment discrimination based on gender identity or expression. To this
Continue Reading The EEOC Settles Its First Transgender Suit Filed Under Title VII
By Chris DeGroff and Brian Wong
In the world of EEOC systemic enforcement, court-imposed injunctive relief accompanies nearly every settlement of Title VII claims. The parties memorialize this relief in the form of a consent decree to be approved by the Court and entered as an enforceable order. Though the parties and the public tend to focus primarily on the
Continue Reading The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement
By Gerald L. Maatman Jr. and Howard M. Wexler
On March 18, 2014 the U.S. Department of Justice (“DOJ”) announced that New York City agreed to pay $98 million to settle a workplace class action originally brought by the DOJ in 2007 alleging that certain civil service tests administered by the FDNY were discriminatory against African-American and Hispanic applicants. In
Continue Reading New York City Agrees To Pay $98 Million To Settle High Profile FDNY Discrimination Class Action
By 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
By Christopher DeGroff and Gerald L. Maatman, Jr.
A common theme for the EEOC’s systemic litigation is its large-scale, high-impact and high-profile cases. Typically, employers prefer to settle cases that allege a pattern or practice of discrimination for a reasonable amount, as opposed to taking such a case to trial. Settlements can reduce litigation expenses, protect the privacy of an
By Rebecca Bjork and Gerald L. Maatman, Jr.
On October 19, 2012, the Second Circuit declined to put its stamp of approval on the EEOC’s attempt to impose lengthy and severe reporting and remedial requirements on a grocery store owner where one nefarious employee — who happened to serve in the dual role of store manager and owner’s fiancée —
Continue Reading Second Circuit Rejects The EEOC’s Broad Injunction Requests
By Christopher DeGroff, Gerald L. Maatman, Jr., and Laura J. Maechtlen
The EEOC secured approval of its largest settlement in 2012 this past week in EEOC v. Yellow Transportation, Inc. and YRC, Inc., No. 09-7693 (N.D. Ill. June 28, 2012), a pattern or practice lawsuit involving allegations of systemic race discrimination. Approved by Magistrate Judge Susan E. Cox