By Gerald L. Maatman, Jr. and Christina M. Janice
Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the class certification order of U.S. District Court Judge Daniel A. Polster creating a new and innovative
Continue Reading Sixth Circuit Allows Appeal Of Novel Class Action Ordered In Nationwide Opiate Litigation
By Scott Rabe, Gerald L. Maatman, Jr., and Marlin Duro
Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong message that the Religious Freedom Restoration Act
Continue Reading The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide information regarding the employer’s use and disclosure of medical information was relevant to the investigation of a single employee’s charge of discrimination.
Continue Reading Sixth Circuit Signs Off On EEOC Subpoena In UPS Disability Discrimination Case
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a supervisor under Title VII, and therefore the company was not vicariously liable for his actions.
Continue Reading Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in demonstrating that it is exempt under the Religious Freedom Restoration Act, while the EEOC failed to
Continue Reading EEOC Loses Landmark Transgender Discrimination Case
By Gerald L. Maatman, Jr. and Jennifer A. Riley
Whereas Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), its saga continues as former class members continue to pursue class claims in regional forums. As we previously have discussed (here, here, here and here), former Dukes
Continue Reading Sixth Circuit Gives Dukes Class Members A Re-Do, Allowing Them To Pursue Class Certification Of Sex Bias Claims Against Wal-Mart
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr. 10, 2015), a case we blogged about previously here and here, the U.S. Court of Appeals for the Sixth Circuit upheld summary judgment in favor of Ford and against the EEOC in an Americans With Disabilities Act (“ADA”)
Continue Reading En Banc Sixth Circuit Reverses Itself And Finds That Nearly Unlimited Telecommuting Is Not A Reasonable Accommodation Under The ADA
By Pam Devata, John Drury, and Robert Szyba
On March 13, 2015, the Solicitor General of the United States filed an amicus brief opposing the petition for writ of certiorari filed in Spokeo, Inc. v. Robins, No. 13-1339 (U.S.). The Spokeo petition poses a question with a significant impact on the future scope of consumer and workplace-related
By Caroline A. Keller and Gerald L. Maatman Jr.
While the ADA does not explicitly list telecommuting as a reasonable accommodation, the EEOC guidelines for disability accommodations under the ADA indicate that allowing employees to work from home is required: “An employer must modify its policy concerning where work is performed if such a change is needed as a reasonable
Continue Reading Is Telecommuting The New Mainstream Reasonable Accommodation Under The ADA? The Sixth Circuit Changes Course On This Issue
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