By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (“Guidance”) interfered with its authority to limit the hiring
Continue Reading Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks
By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik
Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race discrimination lawsuit against Bass Pro, a deadlocked Fifth Circuit denied
Continue Reading Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case
Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the charging party indicated she had a temporary total disability on a disability insurance claim form that she submitted the day after her termination, factual issues remained
Continue Reading Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case
By Gerald L. Maatman, Jr., Pamela Q. Devata, Robert T. Szyba, and Ephraim J. Pierre
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In a recent ruling in David v. Signal Int’l, LLC, No. 2:08-CV-01220 (E.D. La. Jan. 28, 2015), Judge Susie Morgan of the U.S. District Court for the Eastern District of Louisiana held that punitive damages could be awarded in actions brought under the Trafficking Victim Protection Act (“TVPA”) even though
Continue Reading Court Holds Punitive Damages Are Available In Trafficking Victim Protection Act Class Actions
By Gerald L. Maatman Jr. and Howard M. Wexler
Last year, the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII.” The District Court held that Texas
Continue Reading Showdown At The Fifth Circuit Continues: The EEOC Files Its Opposition Brief In Texas’ Challenge To Criminal Background Guidance
By Laura J. Maechtlen and Kathryn “Chris” Palamountain
As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff. On appeal, the Fifth Circuit reversed the dismissal of the
Continue Reading Rise Of The Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer
By Gerald L. Maatman, Jr. and Gina R. Merrill
It is no secret that class action plaintiffs often prefer a state forum, but since the passage of the Class Action Fairness Act of 2005 (“CAFA”), many class actions that would otherwise fail the test for federal jurisdiction have nonetheless been steered to federal court. Yesterday, in a unanimous opinion, the
Continue Reading SCOTUS’ Second CAFA Ruling!
By Christopher J. DeGroff and Julie G. Yap
The EEOC has been consistent in its message about conciliation: nobody should tell us how to conciliate our cases, not even the courts.
Conciliation is a mandatory step the EEOC must take before filing a case in federal court. It is designed to allow employers an opportunity to fix potential problems before
Continue Reading It’s Not Just A Speed Bump: The EEOC Loses Another Battle In Its War On The Mandatory Conciliation Process
By Dennis A. Clifford and Christopher J. DeGroff
As we previously blogged here, the EEOC has historically paid particular interest to cases involving gender stereotypes, with various degrees of success. As many courts have observed, harassment based on a perceived failure to conform with gender stereotypes is not necessarily harassment “because of sex” under Title VII. But in a
Continue Reading “Macho Man Discrimination” — The EEOC Scores Fifth Circuit Win In Gender-Stereotype Suit