Tenth Circuit

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

Seyfarth Synopsis:  After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC charge, the Tenth Circuit reversed the dismissal of the EEOC’s unlawful-interference claim, citing the employer’s introduction of a…
Continue Reading Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

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

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one employee’s charge of disability and pregnancy discrimination. The case is important for all…
Continue Reading No Subpoena For You! – Tenth Circuit Says EEOC’s Subpoena Out Of Line

250px-US-CourtOfAppeals-10thCircuit-SealBy Gerald L. Maatman, Jr., and Alexis P. Robertson

On March 16, 2015, in EEOC v. Beverage Distributors Co., LLC, No. 14-1012 (10th Cir. 2014), the U.S. Court of Appeal for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred by providing improper jury instructions on the direct-threat defense under the Americans With…
Continue Reading Tenth Circuit Clarifies ADA Direct-Threat Defense For EEOC Litigation

By  Gerald L. Maatman, Jr. and Jennifer A. Riley

On May 7, 2014, the First Circuit issued its decision in Jones, et al. v. City of Boston, et al., No. 12-2280 (1st Cir. May 7, 2014), and vacated an order granting summary judgment in favor of the City and, instead, entered partial summary judgment in favor of Plaintiffs.

In…
Continue Reading First Circuit Creates Potential Circuit Split By Rejecting “Practical Significance” Requirement And Finding That Hair-Based Drug Test Has Disparate Impact

By Reema Kapur and Alexis P. Robertson

On May 6, 2014, the U.S. Court of Appeals for the Tenth Circuit in Miller v. Basic Research, LLC, No.13-4048 (10th Cir. May 6, 2014), dismissed defendant’s appeal of a district court’s order enforcing a class settlement agreement, over defendant’s objection. The Tenth Circuit held that the case was an…
Continue Reading Abandoning Class Action Settlement Negotiation Short of Final Agreement May Result In Issuance Of Class Notice Prior To Appellate Review

By Gerald L. Maatman, Jr. and Howard M. Wexler

We previously reported here on the EEOC’s stunning defeat in the Tenth Circuit in the case of EEOC v. Abercrombie & Fitch, No. 11-5110 (10th Cir. Oct. 1, 2013), concerning a job applicant who was not hired because she wore a hijab in violation of Abercrombie’s “Look Policy.” In this…
Continue Reading Take Two? EEOC Moves For Reconsideration After Losing High-Profile Religious Discrimination Case Over Abercrombie’s “Look Policy”

By Gerald L. Maatman Jr. and Howard M. Wexler

As we have previously reported, the EEOC and Abercrombie & Fitch Stores have been entrenched in a nearly decade long battle over Abercrombie’s “Look Policy.” On September 23, 2013, the EEOC and Abercrombie entered into a comprehensive settlement of two separate religious discrimination lawsuits filed on behalf of Muslim teens…
Continue Reading Don’t “Look” Now – Tenth Circuit Delivers Blow To EEOC In Its Battle Over Abercrombie’s “Look Policy”

250px-US-CourtOfAppeals-10thCircuit-Seal.pngBy Gerald L. Maatman, Jr. and Laura J. Maechtlen 

On January 15, 2012, the U.S. Court of Appeals for the Tenth Circuit upheld a district court order denying class certification in a nationwide Title VII gender discrimination action in Tabor, et al. v. Hilti, Inc., 703 F.3d 1206 (10th Cir., 2013). While the decision is favorable for employers, it demonstrates…

Continue Reading Oh, The Irony! Tenth Circuit Upholds Denial Of Class Certification In Nationwide Title VII Gender Discrimination Because Employer Failed To Follow Official Company Performance Management Process

250px-US-CourtOfAppeals-10thCircuit-Seal.pngBy Gerald L. Maatman, Jr. and Jennifer Riley

On August 27, 2012, the Tenth Circuit issued its opinion in Apsley v. Boeing Co., No. 11-3238, 2012 WL 3642800 (10th Cir. Aug. 27, 2012), in a large-scale age discrimination lawsuit. In a positive decision for employers, the Tenth Circuit rejected Plaintiffs’ statistical evidence and affirmed summary judgment in favor of…

Continue Reading Tenth Circuit Raises Bar For Statistical Proof Of Pattern Or Practice Discrimination

250px-US-CourtOfAppeals-10thCircuit-Seal.pngBy Christopher DeGroff and Gerald L. Maatman, Jr.

This past week the Tenth Circuit affirmed another fee sanction against the EEOC, and struck down the EEOC’s attempt to litigate questionable (at best) issues under the Americans With Disabilities Act in EEOC v. TriCore Reference Laboratories, No. 11-CV-2096 (10th Cir. 2012). The Tenth Circuit affirmed the U.S. District Court for…

Continue Reading Tenth Circuit Rejects Another EEOC Lawsuit And Affirms $140,571.62 In Attorneys’ Fees For The EEOC’s “Frivolous” Lawsuit