EEOC Year-End Countdown

A Special Edition Workplace Class Action Blog

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: A federal district court in Kansas recently granted the EEOC’s motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union, holding that a policy in Defendants’ collective bargaining agreement where drivers who are disqualified for medical reasons can only be compensated at 90% of their rates of pay for temporary non-driving jobs, while drivers disqualified for non-medical…
By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act (“ADA”) by failing to offer employees light duty as a reasonable accommodation and ignoring its obligation to engage in an interactive process, a federal district court in California recently granted in part the employer’s motion to dismiss the claims of eight specifically identified claimants,…
By Scott Rabe and Sam Schwartz-Fenwick Seyfarth Synopsis: In landmark decision, the Second Circuit joined the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination. The ruling is important for all employers given the stakes in this litigation over the scope of federal workplace bias laws. In a landmark decision in Zarda v. Altitude Express, Inc., No. 15-3775, the Second Circuit ruled en…
By: Gerald L. Maatman, Jr.Christopher J. DeGroffMatthew J. Gagnon, and Kyla Miller Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2017, in addition to a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. This year’s book, titled EEOC-Initiated Litigation: FY 2017, provides a comprehensive examination of the EEOC’s FY 2017…
By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis:  In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the employer’s motion to dismiss but ordered the EEOC to file a supplemental pleading identifying previously unnamed aggrieved parties. For employers facing EEOC age discrimination claims, this ruling provides insight…
By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis:  In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion for summary judgment, holding that the company’s decision to deny them work was based on improper tests concerning prospective injuries. Employers should keep this ruling on their radar when considering medical…
By Matthew J. GagnonChristopher J. DeGroff, and Gerald L. Maatman, Jr. Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year 2017 shows a return to vigorous enforcement filings, with a substantial number of filings in the waning days of the fiscal year. Employers are living in uncertain times.…
 By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis:  In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay $1.9 million in attorneys’ fees to the company for pursuing claims that it knew or should have known were frivolous. Employers should have this ruling handy when challenging whether the…
By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis:  After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC charge, the Tenth Circuit reversed the dismissal of the EEOC’s unlawful-interference claim, citing the employer’s introduction of a new case theory relative to the EEOC’s still-pending retaliation claim. This ruling serves a cautionary tale for…
By Gerald L. Maatman, Jr. and Alex W. Karasik 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 Connecticut denied both parties’ motions for summary judgment. This ruling provides valuable lessons for employers on the risks of widespread internal communication regarding pending EEOC charges. *** In EEOC v. Day…