By Christopher DeGroff and Julie G. Yap
As this blog recently reported, the EEOC has reduced the amount of cases it filed in its last fiscal year, and appears to have decided to more aggressively pursue the cases in its current inventory. In EEOC v. The McPherson Companies, Inc., Case No. 10-CV-2627 (N. D. Ala. Nov. 14, 2012)
By Christopher DeGroff and Gerald L. Maatman, Jr.
Social media has become an integral part of modern society. Legal issues involving social media and discovery are complex, and evolving. On social media websites, people share information and pictures with friends, family, and even the unknown. Often, employees will communicate with other co-workers on an online forum and discuss their jobs. In EEOC v.
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 and Gerald L. Maatman, Jr.
As we blogged about here, the EEOC stated in its Draft Strategic Enforcement Plan that it is increasingly focused on preventing and, when necessary, litigating workplace harassment allegations. This week the EEOC’s caution came to fruition when the Commission filed a motion for partial summary judgment on allegations of racial harassment
Continue Reading The EEOC Turns Up The Heat In Its Race Harassment Lawsuit
By Christopher DeGroff and Gerald L. Maatman, Jr.
The explosive ruling in EEOC v. CRST Van Expedited, Inc., 670 F.3d 897 (8th Cir. 2012), in which the Eighth Circuit reversed and remanded the U.S. District Court for the Northern District of Iowa’s order that sanctioned the EEOC a whopping $4.5 million, is easily a contender for our “Top 5
Continue Reading The EEOC Declines To Ask The Supreme Court To Hear EEOC v. CRST
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By Christopher DeGroff and Gerald L. Maatman, Jr.
The EEOC just published an updated Draft Strategic Plan For Fiscal Years 2012-2016. It is required reading for all employers.
In the Draft Strategic Plan, the EEOC outlined its four-year strategy for accomplishing its mission to “combat employment discrimination through strategic law enforcement,” and for achieving its vision of “justice and
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 Brian Wong
Joining a wave of similar decisions across the country, Judge Edward F. Shea of the U.S. District Court for the Eastern District of Washington this week held that EEOC actions seeking relief for a pattern or practice of unlawful employment actions under § 707 must adhere to the 300-day limitations period set forth by
By Gerald L. Maatman, Jr. and Laura Maechtlen
The U.S. District Court for the District of Nevada recently issued an opinion in EEOC v. Prospect Airport Services, Inc., U.S. Dist. LEXIS 103256 (D. Nev. July 25, 2012), which granted the EEOC sweeping injunctive relief and ordered the Defendant to implement steps to deter future violations of sexual harassment. The EEOC immediately
Continue Reading The EEOC Secures Injunctive Relief In Sex Harassment Lawsuit