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Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

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Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

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The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Mitratech Holdings, Inc

Witch Hunt or Due Process? Properly Handling Harassment Claims

Mitratech Holdings, Inc on

In the wake of a significant rise in harassment reports (6,000 more anonymous hotline submissions were reported in 2023 than the previous year) businesses face a critical question: How can they handle a rising volume of...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on

[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Jackson Lewis P.C.

School District Sanctioned For Failing To Preserve Evidence After Receiving EEOC Charge

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A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so. In Eller v. Prince George’s Cty. Pub. Sch.,...more

Proskauer - Law and the Workplace

Eleventh Circuit Implements Supreme Court’s Young v. UPS Test in Assessing Indirect Evidence of Intentional Pregnancy...

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On a matter of first impression, the U.S. Eleventh Circuit, in Durham v. Rural/Metro Corp., applied the test for indirect evidence of intentional pregnancy discrimination enunciated by the U.S. Supreme Court in Young v. UPS....more

Bradley Arant Boult Cummings LLP

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Bradley Arant Boult Cummings LLP on

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Seyfarth Shaw LLP

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

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Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more

McAfee & Taft

Be Careful What You Say: The danger of the charge of discrimination

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It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more

Seyfarth Shaw LLP

EEOC’s Motion For Sanctions Granted Over Employer’s Failure To Preserve And Produce Records

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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

Mintz - Employment Viewpoints

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

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Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Holland & Knight LLP

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

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In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Seyfarth Shaw LLP

Court Rejects EEOC’s EPA Lawsuit Theory

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC sued an employer for Equal Pay Act violations, claiming that Maryland Insurance Administration failed to pay three female fraud investigators the same wages as comparable male fraud investigators....more

Seyfarth Shaw LLP

Taking The EEOC At Its Word: Court Relies On Agency’s Own Declaration In Granting Summary Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: Court granted EEOC’s partial motion for summary judgment on issue of pre-suit conciliation, finding that a declaration submitted by an EEOC official was sufficient evidence to show that the EEOC satisfied...more

Snell & Wilmer

The Lessons of EEOC v. Freeman – “Know when to hold ’em. Know when to fold ’em.”

Snell & Wilmer on

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer...more

Laner Muchin, Ltd.

Court Orders EEOC To Pay Employer Nearly $1 Million In Attorneys' Fees And Costs, Finds EEOC Pursued Case Long After It Was Clear...

Laner Muchin, Ltd. on

Employers often criticize the EEOC’s position on employers’ use of background checks in the application process as increasing exposure for disparate treatment claims from applicants and as being willfully blind to legitimate...more

Proskauer - Law and the Workplace

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Proskauer - Law and the Workplace on

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

Franczek P.C.

Court Sanctions Employer $25K for Failing to Preserve Email After Notice of EEOC Charge

Franczek P.C. on

In Knickerbocker v. Corinthian Colleges, a trial court in Washington state sanctioned an employer because it failed to preserve evidence and issued an insufficient litigation hold after the employer received notice of EEOC...more

Proskauer - Whistleblower Defense

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

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The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more

Littler

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

Littler on

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

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