Tag Archives: EEOC

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

By Greg Mersol on February 22, 2017 Posted in EEOC

Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee contends that he or she was treated less favorably than others on account of a protected trait, such as sex, race … Continue Reading

Supreme Court Continues Sanctions Litigation Against the EEOC

By Greg Mersol on May 19, 2016 Posted in EEOC

A slap in the face, maybe, after 11 years Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two trainers sexually harassed her during an over-the-road trip. That charge triggered a lawsuit in which the EEOC went on to claim that over 250 other women had been … Continue Reading

Unanimous Supreme Court Holds EEOC Must Conciliate

By Greg Mersol on May 4, 2015 Posted in Discrimination, EEOC

. . . 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

By Greg Mersol and Pat Muldowney on March 18, 2015 Posted in Discrimination, EEOC

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

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

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

By John Lewis on October 15, 2013 Posted in EEOC, Title VII

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

By Greg Mersol on October 7, 2013 Posted in Discrimination, EEOC, Retail, Title VII

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

By Greg Mersol on August 19, 2013 Posted in EEOC

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

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

By Greg Mersol on May 31, 2013 Posted in Discrimination, EEOC, Rule 23

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but interestingly found that questions of fact precluding summary judgment on the lead (and now only) … Continue Reading

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

By Greg Mersol on February 13, 2013 Posted in Discrimination, EEOC

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training, and it assists its students with obtaining financial aid from the United States Department of Education. In … 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

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

By Greg Mersol on December 31, 2012 Posted in Uncategorized

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

Sixth Circuit Gets it Wrong on Title VII Pattern or Practice Claims

By Greg Mersol on November 26, 2012 Posted in Discrimination

The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction. We’ve written before (previous post) about Title VII’s structure and, to a degree, its legislative history. The statute provides a number … 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

Court Dismisses EEOC ADA Pattern or Practice Claim As Untimely

By Greg Mersol on October 30, 2012 Posted in EEOC

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

Texas Court Dismisses EEOC Pattern or Practice Claim

By Greg Mersol on June 15, 2012 Posted in Discrimination, Retail

This blog relates to a highly technical and, in some respects, dry material, so let’s try to avoid getting overly legalistic. Introduced back in the 1970’s, a line of children’s clothing called Garanimals was popular with parents. The idea was that you could buy the Garanimals clothing and not worry about your children wearing patterns … Continue Reading

Court Dismisses Class Race Claims for Failure to Raise in Charge

By Greg Mersol on May 31, 2012 Posted in Discrimination

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

Massive EEOC Class Action Slashed to Two Claims on Appeal

By Greg Mersol on March 21, 2012 Posted in Discrimination

On February 22, 2012, the Eighth Circuit handed the EEOC a major defeat in a putative class-wide sexual harassment case it had brought against a trucking company. EEOC v. CRST Van Expedited, Inc.pdf, Case Nos. 09-3764/09-3765/10-1682 (8th Cir. Feb. 22, 2012). While the court vacated, at least for the present, a $4.5 million sanction against … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

By Greg Mersol on October 7, 2011 Posted in Class Certification, Discrimination

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

Court Dismisses EEOC Suit Alleging Class-Wide Pregnancy Bias

By Greg Mersol on August 25, 2011 Posted in Discrimination

We’ve commented before (April 20, 2011) on recent cases in which the EEOC was sanctioned for bringing and pursuing expensive, class-wide litigation without much evidence. While the case has not yet resulted in sanctions, a recent decision from the Southern District of New York reflects another instance in which the EEOC made bold accusations against … 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

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

By Greg Mersol on September 28, 2010 Posted in Title VII

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