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 Alex W. Karasik
Seyfarth Synopsis: Court denied employer’s motion for summary judgment in EEOC race and/or national origin discrimination case involving the termination of non-English speaking employees.
In EEOC v. Wisconsin Plastics, Inc., No. 14-C-663 (E.D. Wis. May 5, 2016), the EEOC brought an action alleging discrimination in the workplace based on
Continue Reading Lesson On EEOC Language Litigation: Employer Denied Summary Judgment After Terminating Non-English Speaking Employees
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
In EEOC v. Consol Energy, Inc., Case No. 13-CV-215 (N. D. W.Va. Feb. 9, 2015), the EEOC brought a religious discrimination suit on behalf of an employee against his coal mining employer defendants, parent company Consol Energy, Inc. and subsidiary Consolidation Coal Company. The Commission alleged that defendants refused to provide
Continue Reading Judgment Day Dooms Employer: No New Trial In EEOC Case After Finding Of Failure To Accommodate Anti-Christ Fears
By Gerald L. Maatman Jr. and Howard M. Wexler
As we previously blogged about, most recently here and here, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked CVS Pharmacy Inc.’s standard release agreement which contained terms more expansive in favor of employees than the EEOC’s own interpretive guidance, and agreements
Continue Reading Seventh Circuit “Releases” CVS From EEOC’s Separation Agreement Attack
By Gerald L. Maatman, Jr. and Christina M. Janice
In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had satisfied all of its pre-suit conciliation requirements and demonstrated sufficient evidence to proceed
Continue Reading Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury
By Christopher M. Cascino and Gerald L. Maatman, Jr.
In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), a case we have blogged about previously here and here, Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He entered summary
Continue Reading Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform Her Job
By Gerald L. Maatman Jr. and Howard M. Wexler
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here – the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of North Carolina and upheld the summary judgment dismissal of an
Continue Reading Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case
By Gerald L. Maatman Jr. and Howard M. Wexler
As we have previously reported, the EEOC is pursuing test cases to establish legal protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment as part of its strategic mission even though no federal statute, including Title VII, explicitly prohibits employment discrimination based on gender identity or expression.
Continue Reading EEOC’s “Sex” Discrimination Lawsuit Filed On Behalf Of Transgendered Worker Survives Motion To Dismiss
By Kyle Hartman
The U.S. Court of Appeals for the Fifth Circuit recently issued its decision in Calder et al. v. Continental Airlines, Inc., No. 14-20291 (5th. Cir. Dec. 10, 2014), affirming the district court’s award of summary judgment in favor of Continental on Plaintiffs’ Uniformed Services Employment and Reemployment Rights Act (USERRA) claims. The Fifth Circuit also affirmed
Continue Reading Fifth Circuit Rules That Plaintiffs’ Desire To Conduct Class-Wide Discovery Cannot Defeat Summary Judgment On Individual USERRA Claims