Seyfarth Synopsis: Hispanic employees of a poultry processing plant alleged harassment and abuse on the job. The company claimed that the employees’ allegations were fabricated in order to obtain U visas, which are available to immigrant abuse victims who assist in government investigations. Over the plaintiffs’ objections, the district court allowed the company discovery related to the employees’ U
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Discovery
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…
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Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several discovery issues that have become increasingly common in large-scale, EEOC-initiated disparate impact…
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Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate
By Gerald L. Maatman, Jr. and Howard M. Wexler
We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be known until federal courts around the country start to weigh in…
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The EEOC Secures Favorable Ruling Over Discovery Of The Government’s Employment Practices
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill. May 5, 2015), Judge Andrea R. Wood of the U.S. District Court for the Northern District of Illinois decided several discovery issues that have become increasingly common in EEOC-initiated disparate impact litigation. In contrast with other recent decisions…
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EEOC Denied Inspection Of Employer’s Premises
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. Vicksburg Healthcare, LLC, No. 13-CV-895 (S.D. Miss. Apr. 22, 2015), Magistrate Judge Michael T. Parker of the U.S. District Court for the Southern District of Mississippi denied the EEOC’s request to be allowed to inspect and observe the defendant’s facility in an Americans With Disabilities Act (“ADA”)…
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Court Orders Dramatic Reduction Of Requested Fee Award In Failed Class Action
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In Montgomery v. Kraft Foods Global, Inc., No. 1:12-CV-00149 (W.D. Mich. March 2, 2015), Judge Gordon J. Quist of the U.S. District Court For The Western District of Michigan cut the attorneys’ fee award of the plaintiff’s counsel from a requested $183,168.50 to $6,417 in a decertified class action…
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Court Orders Wide Ranging Discovery In High Profile Gender Discrimination Class Action
By Gerald L. Maatman Jr. and Howard M. Wexler
Discovery battles in high-stakes employment discrimination class actions are costly, contentious, and oftentimes can serve as a “game changer” that alters the entire landscape of a case. A recent decision from Magistrate Judge James C. Francis IV in Chen-Oster, et al., v. Goldman, Sachs & Co., 2013 U.S. Dist. LEXIS…
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Louisiana District Court Knocks Claimant Immigration Status Out Of The Discovery Ring
By Laura J. Maechtlen and Brian Wong
As the EEOC trains its focus on systemic enforcement actions, discovery battles over probative claimant information will continue to grow in importance proportionally with the claimant class size. Employer access to specific types of claimant information can make a critical difference in mounting key defenses, testing claimant credibility, and limiting available damages. The…
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Court Denies EEOC’s Motion To Compel Discovery Regarding Employees In Case Brought On Behalf Of Rejected Applicant
By Gerald L. Maatman Jr. and Howard M. Wexler
On July 22, 2013, Judge Paul D. Borman of the U.S. District Court for the Eastern District of Michigan upheld Magistrate Judge Mark Randon’s ruling in the case of EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case No 12-11124 (E.D. Mich. July 22, 2013), limiting the scope of…