imagesBy Christopher M. Cascino and Gerald L. Maatman, Jr.

On June 25, 2015, the U.S. Supreme Court issued a 5 to 4 ruling in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 (2015).  Now that the dust has settled from the Supreme Court’s recent term, what does this decision mean for employers?

Continue Reading U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation

By Christopher DeGroff, Matthew Gagnon, and Gerald L. Maatman, Jr.

Every year at this time we like to offer our loyal readers a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, entitled EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015 is set for distribution in
Continue Reading 2014’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

By Gerald L. Maatman Jr. and Howard M. Wexler

There continues to be growing firestorm of litigation initiated by the EEOC over hiring checks based on criminal backgrounds. In one of the most high profile cases addressing this issue (that we previously blogged about here and here,) Judge Sam R. Cummings of the U.S. District Court for the Northern District
Continue Reading Round One – Texas Loses Its Suit Against The EEOC Over Its Criminal Background Guidance

By Gerald L. Maatman, Jr. and Laura J. Maechtlen

On April 24, the U.S. Court of Appeals for the Ninth Circuit in Stockwell v. City & Cnty. of San Francisco, Case No. 12-15070 (9th Cir.  April 24, 2014), overturned an order denying class certification of age discrimination claims filed by a group of police officers against the City
Continue Reading New Ruling In The San Francisco Police Officers Case Dilutes Wal-Mart’s Impact On Class Certification Motions

By Gerald L. Maatman, Jr. and Jennifer A. Riley

Today, less than three weeks after oral argument, the Sixth Circuit affirmed a lower court order granting summary judgment in favor of Kaplan in one of the EEOC’s most high profile cases – – EEOC v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. April. 9, 2014).

The EEOC brought suit
Continue Reading Sixth Circuit Affirms Dismissal Of EEOC Credit Check Case And Rejects “Homemade” Method Of Determining Race By “Eye-Balling” Photos

By Matthew Gagnon and Gerald L. Maatman, Jr.

The EEOC has taken some high-profile hits lately, see here and here, but in EEOC v. Baltimore County, No. 13-1106 (4th Cir. Mar. 31, 2014), the EEOC scored a victory against Baltimore County, Maryland, which had an employee retirement benefit plan that the EEOC alleged unlawfully discriminated against older workers
Continue Reading Fourth Circuit Upholds Decision In Favor Of EEOC: Age Was “But-For” Cause Of Disparate Treatment Of Older Employees’ Retirement Plan Contributions

By Gerald L. Maatman, Jr. and Howard M. Wexler

On February 4, 2014 the U.S. Court of Appeals for the Second Circuit dealt the New York City Board of Education (“BOE”) a resounding defeat when it affirmed a District Court decision that allowed a class action brought by public school teachers regarding a mandatory certification test and rejected several of
Continue Reading Second Circuit Gives NYC Board Of Education An “F” In Discrimination Class Action

By Paul Kehoe          

Amidst a nation characterized by rapidly changing demographics, the EEOC today held a public meeting to discuss national origin discrimination. We attended to get a front row seat for our loyal blog readers. The bottom line – employers should pay attention to this.

Commissioner Yang, in conjunction with Chair Berrien, led the effort to organize the meeting.
Continue Reading The EEOC’s Public Meeting On National Origin Discrimination – Is Additional Guidance In The Works?

By Gerald L. Maatman Jr. and Howard M. Wexler

While the Federal Government is shut down for now, the EEOC is trying shut down courts ability to review its conciliation efforts for good. As we previously reported here, the EEOC has aggressively pursued this theory by attacking defendants’ failure-to-conciliate affirmative defenses in two recent district court cases in the
Continue Reading The EEOC Continues Fight To “Shut Down” Judicial Review Of Conciliation Process

By Gerald L. Maatman, Jr. and Howard M. Wexler

With the recent recognition by the American Medical Association that obesity is a disease (and not just a medical condition), courts around the country have begun to formulate their position as to whether (and to what extent) obesity is covered under the Americans With Disabilities Act. The EEOC’s regulations state that
Continue Reading “Weight” Of Authority Leads To Dismissal (And Sanctions) Based On “Frivolous” Disparate Impact Claim