By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and retaliation after she was sent home for complaining about a supervisor’s sexual harassment. The Court denied the employer Defendant’s motion to dismiss both claims, holding that when…

EEOC Year-End Countdown

Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment Motions

By Seyfarth Shaw LLP

April 28, 2021

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for driving positions. After both parties moved for summary judgment, the Court denied both motions, holding that the “4/5 Rule” relied upon by Defendant served as a general benchmark as…

EEOC Year-End Countdown

Court In Colorado Chops Off EEOC’s Motion For Reconsideration In Systemic Discrimination Lawsuit Against Meatpacker

By Seyfarth Shaw LLP

January 28, 2021

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By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In EEOC v. JBS USA, LLC, No. 10-CV-2103, 2021 U.S. Dist. LEXIS 13012 (D. Colo. Jan. 25, 2021), an EEOC-initiated lawsuit alleging a meatpacking engaged in a pattern or practice of discrimination on the basis of race, national origin, and religion, the U.S. District Court in Colorado denied the EEOC’s motion to reconsider the previous dismissal of the EEOC’s pattern or practice claims, thereby…

EEOC Year-End Countdown

Leaving The Laches Open: Federal Court Denies Employer’s Dispositive Motions Despite EEOC’s Seven-Year Delay In Filing Suit

By Seyfarth Shaw LLP

November 23, 2020

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex W. Karasik Seyfarth Synopsis: In an EEOC-initiated lawsuit – EEOC v. LogistiCare Solutions LLC, No. 20-CV-852, 2020 U.S. Dist. LEXIS 215486 (D. Ariz. Nov. 18, 2020) – involving allegations dating back to 2013, a federal district court in Arizona denied an employer’s motion to dismiss and motion for summary judgment on the ground of laches, holding there was insufficient information to determine whether…

EEOC Year-End Countdown

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

By Seyfarth Shaw LLP

September 30, 2020

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By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Alex S. Oxyer Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the country, the EEOC found itself reconsidering its priorities and resources to address the pandemic, issuing a series of guidelines to assist…

EEOC Year-End Countdown

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

By Seyfarth Shaw LLP

September 15, 2020

By: Loren Gesinsky and Samuel I. Rubinstein Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. On September 8, 2020, the EEOC answered “no” to this burning question in its updated “Technical Assistance Questions and Answers” on issues dealing with COVID-19 and the ADA and…

EEOC Year-End Countdown

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

By Seyfarth Shaw LLP

April 23, 2020

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities Act (“ADA”). This new update provides a much-awaited opinion from the Commission on the use of medical testing to screen employees entering the workplace…

EEOC Year-End Countdown

Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

By Seyfarth Shaw LLP

April 20, 2020

By: Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon Seyfarth Synopsis: The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19. The most recent update adds significantly to the EEOC’s position on how employers should treat requests for “reasonable accommodations” in these difficult times, as well as pandemic-related…

EEOC Year-End Countdown

EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

By Seyfarth Shaw LLP

March 18, 2020

By Gerald L. Maatman, Jr. and Matthew Gagnon Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The EEOC was careful to explain that although those laws are still very much in effect, they…

EEOC Year-End Countdown

The Winds Of Change Are Suddenly Gusting: EEOC Commissioners Vote To Strip The General Counsel Of Substantial Litigation Authority

By Seyfarth Shaw LLP

March 11, 2020

By Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon Seyfarth Synopsis: On March 10, 2020, the EEOC released information about an internal resolution that may drastically change how high-stakes litigation decisions are made at the EEOC. The resolution reverses some long-standing practices that had delegated much of the authority over the direction of EEOC litigation enforcement activities to the General Counsel of the Commission. Much of that authority will now rest…

EEOC Year-End Countdown

A Special Edition Workplace Class Action Blog

Blog Authors

Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment Motions

Court In Colorado Chops Off EEOC’s Motion For Reconsideration In Systemic Discrimination Lawsuit Against Meatpacker

Leaving The Laches Open: Federal Court Denies Employer’s Dispositive Motions Despite EEOC’s Seven-Year Delay In Filing Suit

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

The Winds Of Change Are Suddenly Gusting: EEOC Commissioners Vote To Strip The General Counsel Of Substantial Litigation Authority

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