summary judgment

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By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for driving positions.  After both parties moved for summary judgment, the Court denied both …
Continue Reading Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment Motions

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In a class action lawsuit alleging multiple fraud claims, a federal court in Illinois granted the plaintiff’s motion to sanction the defendants for interfering with the class notice process by encouraging class members to opt-out, and sanctioned their attorney for communicating directly with a represented party.

For employers …

Continue Reading Class Notice Interference On The Defense: Court Penalizes Defendants And Attorney

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: In an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District of Tennessee granted the employer’s motion for summary judgment, holding the EEOC did not establish that the employee …
Continue Reading Tennessee Federal Court Axes ADA Anxiety Discrimination Claim And Grants Summary Judgment To Employer Against The EEOC

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist. LEXIS 62513 (E.D. Ark. Apr. 11, 2019) –  for failure to provide a reasonable accommodation and discharge …
Continue Reading Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

By Gerald L. Maatman, Jr. and Lauren E. Becker

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with respect to their disparate treatment and disparate impact theories of Title VII claims relied on to support their motion for …
Continue Reading Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district court in New York recently granted the City of New York’s motion for summary judgment, …
Continue Reading Empire State Employer Emerges Victorious In Equal Pay Act Lawsuit

By: Gerald L. Maatman, Jr. and Mark W. Wallin

Seyfarth Synopsis:  A Maryland federal district court recently found that a successor employer could be liable in an EEOC lawsuit for its predecessor’s alleged employment discrimination.  For employers, this decision is a cautionary tale — the lesson being that liability for claims of employment discrimination can extend beyond the entity alleged …
Continue Reading Unsuccessful Successor: Court Finds Employer May Be Liable In EEOC Lawsuit For Its Predecessor’s Conduct Under Title VII

By Gerald L. Maatman, Jr. and Alex W. Karasik

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement System (SURS), a federal district court in Illinois granted the college’s motion for summary judgment, …
Continue Reading School Scores Summary Judgment Win In ADEA Collective Action

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” interfered with its authority to limit the hiring of felons – a federal district court …
Continue Reading Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a putative national class of plaintiffs, holding it did not have jurisdiction over the claims of the non-resident class …
Continue Reading Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses