Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more
8/29/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Internal Communications ,
Motion for Summary Judgment ,
Reasonable Accommodation
Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a...more
8/8/2017
/ Class Action ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Motion for Sanctions ,
Religious Accommodation ,
Religious Discrimination ,
Retaliation
Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more
6/15/2017
/ Americans with Disabilities Act (ADA) ,
Confidential Information ,
Corporate Counsel ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Medical Records ,
Retaliation ,
Subpoenas ,
UPS
Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more
Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a...more
Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more
3/31/2017
/ Corporate Counsel ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fast-Food Industry ,
Job Promotions ,
Order to Show Cause ,
Release Agreements ,
Restaurant Industry ,
Retaliation ,
Subpoenas ,
Wendy's
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...more
3/3/2017
/ Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discovery Disputes ,
Equal Employment Opportunity Commission (EEOC) ,
Pattern or Practice ,
Pregnancy Discrimination ,
Scope of Discovery Requests ,
Standard of Review ,
Subpoenas ,
Unduly Burdensome
Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had...more
Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more
9/23/2016
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Medical Examinations ,
Retaliation ,
Self-Insured Health Plans ,
Summary Judgment ,
Voluntary Participation ,
Wellness Programs ,
Workplace Communication ,
Wrongful Termination
Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief...more
Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh...more
8/31/2016
/ Affirmative Action ,
Class Action ,
Consent Decrees ,
Contempt ,
Corporate Counsel ,
Firemen ,
Judicial Dissolution ,
Laches ,
Motion to Show Cause ,
Public Employees ,
Race Discrimination ,
Unduly Prejudicial
Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more
8/30/2016
/ Conciliation ,
Corporate Counsel ,
Discovery ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Judicial Review ,
Mach Mining v EEOC ,
Mining ,
Motion for Reconsideration ,
Partial Summary Judgments ,
Popular ,
Protective Orders ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Title VII
Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under...more
8/10/2016
/ Chevron ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Document Productions ,
Explosions ,
Litigation Funding ,
Motion to Compel ,
Nigeria ,
Oil & Gas ,
Tax Incentives ,
Third Party Funding ,
Young Lawyers
Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek...more
In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more
4/26/2016
/ Adverse Employment Action ,
But For Causation ,
Corporate Counsel ,
Defamation ,
Depositions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Motion for Summary Judgment ,
National Origin Discrimination ,
Popular ,
Protected Activity ,
Race Discrimination ,
Retaliation ,
Title VII ,
Young Lawyers
Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for...more
In a pair of EEOC religious discrimination cases brought in Nebraska and Colorado against meat packing company JBS USA, LLC (which we have blogged about here, here, here, here, here, and here), the lawsuits alleged that JBS...more
In an important EEOC case involving the intersection of company dress code policies and the rights of employees seeking religious accommodations, following a grant of both parties’ summary judgment motions in part, which we...more
As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more
In EEOC v. Consol Energy, Inc., Case No. 13-CV-215 (N. D. W.Va. Feb. 9, 2015), the EEOC brought a religious discrimination suit on behalf of an employee against his coal mining employer defendants, parent company Consol...more
EEOC v. CRST Van Expedited, Inc. is a key case for all employers.
We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more
Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing...more