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
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
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
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
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
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