By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Ala Salameh Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC. Employers are anxiously looking for any sign as to how this slate of leadership will put its stamp on the agency’s mission and, more importantly, which employers and business practices the agency will most heavily target. But even though…

EEOC Year-End Countdown

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

By Seyfarth Shaw LLP on August 9, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (“Guidance”) interfered with its authority to limit the hiring of felons – the U.S. Court of Appeals for the Fifth Circuit affirmed most parts of…

EEOC Year-End Countdown

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

By Seyfarth Shaw LLP on August 7, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik 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 Mexican Grill, Inc., No. 17-CV-5382, 2019 U.S. Dist. LEXIS 129046 (N.D. Cal. Aug. 1, 2019), the EEOC objected to the order and sought review; thereafter, the district judge granted EEOC’s motion for…

EEOC Year-End Countdown

EEOC Leadership Shift: New EEOC Chair Janet Dhillon Confirmed By Senate

By Seyfarth Shaw LLP on May 8, 2019

By Gerald L. Maatman, Jr., Christopher DeGroff, and Michael Jacobsen Seyfarth Synopsis: Who sits as Chair of the EEOC unquestionably has a significant impact for all employers interacting with the Commission. At long last, the U.S. Senate has voted to confirm Janet Dhillon for the post, nearly two years after President Trump’s administration nominated her. How the new leadership at the Commission will impact broader EEOC policy positions remains to be seen. On…

EEOC Year-End Countdown

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

By Seyfarth Shaw LLP on April 22, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist. LEXIS 62513 (E.D. Ark. Apr. 11, 2019) – for failure to provide a reasonable accommodation and discharge based on disability, following a supervisor’s comments to an employee that “it was not working…

EEOC Year-End Countdown

And The Train Kept A-Rolling: EEOC’s 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move

By Seyfarth Shaw LLP on April 11, 2019

By: Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr. Seyfarth Synopsis: On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018. The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several respects, including to the back-drop on retaliation and sex discrimination charges in the midst of the #MeToo movement, the number…

EEOC Year-End Countdown

The Top Five Most Intriguing Developments Of 2018 In EEOC-Initiated Litigation (And Preview Of Our Annual EEOC Litigation Report)

By Seyfarth Shaw LLP on January 2, 2019

By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Kyla J. Miller Seyfarth Synopsis: We are once again pleased to offer our readers an analysis of the five most intriguing developments in EEOC litigation in 2018, in addition to a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. This year’s book, entitled EEOC-Initiated Litigation: FY 2018, provides a comprehensive examination of the EEOC’s FY…

EEOC Year-End Countdown

An Agency Building Momentum: EEOC Report Card Touts Millions In Recoveries, Committed Focus On Sexual Harassment

By Seyfarth Shaw LLP on November 16, 2018

By Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon and Alex W. Karasik Seyfarth Synopsis: On November 15, 2018, the EEOC released its annual Performance and Accountability Report (‘PAR”) for Fiscal Year 2018 (here) – a year-end report card of sorts, and a critical publication for employers to consider as they analyze the EEOC’s activities over the past year, and its anticipated direction for the future. In its…

EEOC Year-End Countdown

EEOC’s “Mission Accomplished” – The Anatomy Of An EEOC Media Statement

By Seyfarth Shaw LLP on October 30, 2018

By: Mark Wallin, Christopher DeGroff, and Gerald Maatman, Jr. Seyfarth Synopsis: The EEOC operates with limited resources, yet has the daunting responsibility of enforcing an alphabet soup of anti-discrimination laws. The EEOC has become quite savvy at leveraging the press as a pulpit for publicizing its agenda, especially in litigation. An employer need only visit the EEOC’s website to understand the role of media statement’s in the Commission’s enforcement process. In the life-cycle…

EEOC Year-End Countdown

The EEOC Puts The Pedal To The Metal: FY 2018 Results Show Increase In Filings, With #MeToo Lawsuits Adding Fuel To The Agenda

By Seyfarth Shaw LLP on September 30, 2018

By Christopher J. DeGroff, Matthew J. Gagnon, Gerald L. Maatman, Jr., and Kyla J. Miller Seyfarth Synopsis: The uncertainty of a new administration’s impact on the EEOC that plagued FY 2017 is fading, but the results are not what some would expect. Not only has the EEOC brought a mountain of filings compared to the last four years, but also the agency has demonstrated a clear focus on sex-based discrimination and sexual harassment…

EEOC Year-End Countdown

A Special Edition Workplace Class Action Blog

Blog Authors

What A Long Strange Year It’s Been . . . The EEOC’s Fiscal Year Comes To An Uncharacteristically Quiet Close

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

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

EEOC Leadership Shift: New EEOC Chair Janet Dhillon Confirmed By Senate

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

And The Train Kept A-Rolling: EEOC’s 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move

The Top Five Most Intriguing Developments Of 2018 In EEOC-Initiated Litigation (And Preview Of Our Annual EEOC Litigation Report)

An Agency Building Momentum: EEOC Report Card Touts Millions In Recoveries, Committed Focus On Sexual Harassment

EEOC’s “Mission Accomplished” – The Anatomy Of An EEOC Media Statement

The EEOC Puts The Pedal To The Metal: FY 2018 Results Show Increase In Filings, With #MeToo Lawsuits Adding Fuel To The Agenda

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