Tag Archives: “Discrimination claims”

Fourth Circuit Affirms Sanctions Against the EEOC In Action Fraught with Delays

By Greg Mersol on April 7, 2014 Posted in Discrimination, EEOC

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests for information and/or relief. In a recent case from the Fourth Circuit, that kind of conduct led not only to a dismissal of the underlying claim by laches, but to an attorney fee … Continue Reading

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

By Greg Mersol on January 24, 2013 Posted in Discrimination, Title VII

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website (http://www.us.hilti.com) reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners, and cordless drywall screwers. Given this product mix, as one might expect, an important part of its sales consists of direct … Continue Reading

EEOC Ordered To Produce Class Members For Deposition (Again)

By Greg Mersol on November 20, 2012 Posted in Discrimination

We’ve written in the past that the EEOC, at times, lives by the adage “don’t let the facts get in the way of a good story.” A recent case demonstrates that the facts are, indeed, relevant and that the EEOC must permit the employer discovery to test the factual theories it presents in litigation. In … Continue Reading

EEOC Sanctioned On Another Class-Wide Case

By Greg Mersol on April 20, 2011 Posted in Discrimination

Don’t let the facts get in the way of a good story . . . unless you are a governmental agency entrusted to follow the law and you are bringing an expensive class-wide case. The EEOC has just been given this lesson, again, in a case in western Michigan. Only a few months ago, in … Continue Reading

Court Addresses Class Action Discrimination Claims Against Union

By Greg Mersol on December 17, 2010 Posted in Class Certification

Discrimination litigation against unions can present unusual issues. Unions exist for employees to present a unified front in bargaining with their employer. Indeed, the very name “union” suggests that they are intended to behave as a single unit, the exclusive bargaining representative with the employer on the employees’ behalf. The idea of such unity leaves … Continue Reading

$175 Million Settlement in Sex Bias Class Action

By Greg Mersol on July 15, 2010 Posted in Discrimination

While most employment class actions today address overtime or independent contractor issues, discrimination actions are still alive and very dangerous for employers. Last May, a New York jury awarded $3.4 million in compensatory damages, and $250 million in punitive damages against pharmaceutical company Novartis in a case alleging sex discrimination involving sales representatives. That’s a … Continue Reading