By Gerald L. Maatman, Jr. and Sarah K. Bauman
Seyfarth Synopsis: In EEOC v. BNSF Railway Co., Case No. 8:21-CV-369 (D. Neb. April 28, 2022), Judge Brian C. Buescher of the U.S. District Court for the District of Nebraska denied the EEOC’s request for a temporary restraining order (“TRO”) to prevent alleged discriminatory conduct. The EEOC sought an order reinstating
Continue Reading The EEOC Overlooks Pleading Defects In Seeking TRO, Resulting In Denial By Nebraska Federal Court
By Matthew J. Gagnon and Sarah K. Bauman
Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of employees who engage in EEO protected activity. Key for employers are the numerous examples of what the EEOC deems retaliation in this
By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Alex W. Karasik
Seyfarth Synopsis: Following the EEOC’s down 2020 fiscal year, in which the Commission made significant changes to many of its programs in the midst of the global COVID-19 pandemic and leadership changes, in FY 2021 the EEOC’s litigation enforcement activity showed signs
Continue Reading EEOC Finishes Fiscal Year 2021 With September Surge Of Filings As Commission Recovers From Pandemic-Fueled Slowed Down
By Gerald L. Maatman, Jr. and Jennifer A. Riley
Seyfarth Synopsis – Following a familiar fact pattern, after a named Plaintiff filed a putative class action in Bird, et al. v. Barr, No. 19-CV-1581 (D.D.C. July 23, 2020), she complained that the defendant employer retaliated against her for bringing suit by, among other things, threatening to terminate her employment and
Continue Reading Federal Court Finds That It Lacks Jurisdiction To Enjoin Employer From Retaliating Against Putative Class Members
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there was almost no perceptible dip in retaliation charges.
Continue Reading A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some Areas
By Matthew J. Gagnon, Christopher J. DeGroff, and Gerald L. Maatman, Jr.
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year 2017 shows a return to vigorous enforcement filings, with a substantial number of
Continue Reading Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing
By Gerald L. Maatman, Jr., Christina M. Janice and Alex W. Karasik
Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief supporting the broadening of both agencies’ tests for determination of joint employer status. This is a
Continue Reading Jumping For Joint Employer: The EEOC Files Amicus Brief Supporting Broadened Definition Of Joint Employer In High-Profile NLRB Litigation
By Gerald L. Maatman, Jr., Mark Casciari, and Christina M. Janice
Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing that retaliation is now the single largest category of claims presented in its charges, the EEOC’s new
Continue Reading The EEOC Issues New Enforcement Guidance On Retaliation
By Gerald L. Maatman, Jr. and Alex W. Karasik
In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary judgment.
In EEOC v. Peters’ Bakery, No. 13-CV-04507, 2016 U.S. Dist. LEXIS 54379 (N.D. Cal. Apr.
Continue Reading Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment
By Gerald L. Maatman, Jr. and Alex W. Karasik
Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for allegedly retaliating against workers who claim discrimination.
In this case,
Continue Reading Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives