Tag Archives: EEOC

Unanimous Supreme Court Holds EEOC Must Conciliate

. . .  just not very much. Title VII was passed with a strong bias toward voluntary, non-litigation methods of dispute resolution. Indeed, the statute requires that even when the EEOC has found probable cause, the Commission “shall endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” 42 U.S.C. … Continue Reading

Fourth Circuit Rejects EEOC Expert Report Riddled With Errors

We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is continuing to use such methods despite scathing criticism from courts. On February 20, 2015, the U.S. Court of Appeals for the … Continue Reading

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for continuing to pursue an action it knew to be meritless. On September 29, 2008, the EEOC had filed an action against Peoplemark, Inc., … Continue Reading

Multiple Courts Criticize EEOC Behavior In Class Cases

Over the last 5 years, the EEOC has become increasingly aggressive in the bringing and pursuit of broad initiatives and, in particular, class litigation.  Cynics can debate whether this springs from a desire to make a difference or one to bully employers through litigation costs into abandoning lawful practices that are not to its liking, … Continue Reading

Maryland Court Rejects EEOC Challenge To Criminal Background Checks

Many employers, including the EEOC, use criminal background checks as part of their hiring processes.  These checks are a common sense step for employers to ensure that they are not hiring violent offenders in safety-sensitive positions, thieves where money or valuables or concerned, or otherwise expose themselves or the public to employees convicted of dangerous … Continue Reading

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

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

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas.  For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for commercial airlines.  In 2007, that limit was raised to age 65 for domestic flights.  But what about private pilots working … Continue Reading

Court Dismisses EEOC ADA Pattern or Practice Claim As Untimely

It is no secret that the EEOC is asserting aggressive positions in several arenas, but a recent case reflects that it must continue to follow Title VII’s basic requirements despite its new enforcement prerogatives. In terms of procedural issues, the EEOC has targeted systemic discrimination issues for class or pattern or practice litigation.  From a … Continue Reading

Court Dismisses Class Race Claims for Failure to Raise in Charge

Illinois District Court Refuses to “Supersize” Race Discrimination Claims Against McDonald’s In this day and age when discrimination lawsuits are commonplace, it is all too easy to forget that Title VII was passed in the hopes that discrimination claims could and would be resolved outside of court.  When Congress enacted Title VII, it expressly included … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … Continue Reading

EEOC Must Attempt Conciliation of Class-Wide Claims Before Litigating Them

Litigation involving the EEOC and class-type claims differs significantly from those brought by individual class members.  As the Supreme Court recognized in EEOC v. Waffle House, 534 U.S. 279 (2002), because of the governmental interest in rooting out discrimination, many of the rules that might limit claims brought by individuals may not apply to litigation … Continue Reading
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