By Eric Lloyd, Gerald L. Maatman, Jr., and Laura J. Maechtlen
While Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the former class members are continuing to try and regain some of the ground they lost. As reported here, here, here and here, several
Continue Reading Sixth Circuit To Consider Whether Former Dukes Plaintiffs’ Claims Are Timely
By Gerald L. Maatman Jr. and Howard M. Wexler
On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against the EEOC in the case of EEOC v. Peoplemark, Inc., No. 11-2582 (6th Cir. Oct. 7, 2013). This decision marks yet another significant win for employers faced with the
Continue Reading Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing To Pursue Lawsuit Based On A “Companywide Policy That Did Not Exist”
By Gerald L. Maatman, Jr. and Laura J. Maechtlen
On May 30, 2013, the Sixth Circuit decided that class certification denial was proper in a proposed nationwide sex discrimination class action against Cintas Corporation brought by female applicants rejected for sales representative jobs. See Davis v. Cintas Corp., No. 10-1662 (6th Cir. May 30, 2013). Notably, the Sixth Circuit
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On May 17, 2013, the U.S. Court of Appeals for the Sixth Circuit rendered its opinion in EEOC v. Memphis Health Center, Inc., Nos. 11-6426/27 (6th Cir. May 17, 2013), and held that a prevailing ADEA defendant can recover its attorneys’ fees against the EEOC under the Equal Access to
By Rebecca Bjork and Chris Palamountain
In 2011, we reported on In Re Countrywide Financial Mortgage Lending Practices Litigation, No. 08-MD-1974, 2011 U.S. Dist. LEXIS 118695 (W.D. Ky. Oct. 13, 2011), a decision denying class certification of a class of mortgage borrowers. In that case, African-American and Hispanic named plaintiffs alleged that Countrywide Financial discriminated against them in granting mortgage
By Christopher DeGroff, Laura J. Maechtlen, and Claudia Y. S. Wilson
Three large trade groups representing millions of the country’s businesses and employers entered the appellate fray last Thursday with their filing of an amicus brief before the Sixth Circuit in EEOC v. Peoplemark, Inc. As we previously reported here and here, EEOC v. Peoplemark stems from a
Continue Reading Enough Is Enough: Employers Take A Stand Against The EEOC’s Enforcement Tactics
By Gerald L. Maatman, Jr. and Chris Palamountain
On August 26, 2011, a divided Sixth Circuit ruled in Grant v. Metropolitan Government of Nashville and Davidson County, No. 10-5944 (6th Cir. Aug. 26, 2011), that African-American employees of the Nashville, Tennessee water agency failed to prove their class claims that the agency’s promotion practices had a disparate impact based on