After Six Years, Dollar General and the EEOC Settle

As noted by a Hunton blog, “Dollar General and the [EEOC] settled a six-year-old Title VII lawsuit.  The EEOC brought its race discrimination claim on behalf of a Charging Party and a class of Black job applicants, alleging that Dollar General’s use of criminal justice history information in the hiring process had a disparate impact… Continue reading After Six Years, Dollar General and the EEOC Settle

EEOC Pays the Price for Messing with Texas

There was a positive development this week in Texas v. EEOC.  The U.S. Court of Appeals for the 5th Circuit reversed and remanded the district court’s dismissal of Texas’ complaint challenging the EEOC’s guidance on the use of criminal histories for employment checks.   The Court ruled 2-1 that the state has standing to challenge the guidance,… Continue reading EEOC Pays the Price for Messing with Texas

The EEOC Secures Favorable Ruling Over Discovery Of The Government’s Employment Practices

As noted in a SeyfarthShaw blog, In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill. May 5, 2015), Judge Andrea R. Wood of the U.S. District Court for the Northern District of Illinois decided several discovery issues that have become increasingly common in EEOC-initiated disparate impact litigation.  In contrast with other recent… Continue reading The EEOC Secures Favorable Ruling Over Discovery Of The Government’s Employment Practices

Employers Win Against EEOC on Conciliation

As noted in a SeyfarthShaw blog, the U.S. Supreme Court issued its long-awaited decision in Mach Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts have the authority to review the EEOC’s conciliation efforts.  In language that is sure to be repeated back… Continue reading Employers Win Against EEOC on Conciliation

House Holds Another EEOC Hearing

On March 24, 2015, there was a hearing on a package of EEOC reform bills before the House Subcommittee on Workforce Protections of the House Education and the Workforce Committee.  The committee took testimony on four bills: H.R. 548, the Certainty in Enforcement Act of 2015; H.R. 549, the Litigation Oversight Act of 2015; H.R. 550,… Continue reading House Holds Another EEOC Hearing

A Win for Employers and a Loss for the EEOC; Again

The U.S. Court of Appeals for the Fourth Circuit affirmed the lower court’s award of summary judgment in EEOC v. Freeman.  The district court “granted summary judgment to Freeman after excluding the EEOC’s expert testimony as unreliable under [the] Federal Rule of Evidence…Without this testimony, the district court found the agency failed to establish a prima… Continue reading A Win for Employers and a Loss for the EEOC; Again

New EEOC Oversight and Accountability Legislation Introduced

In January, U.S. Rep. Tim Walberg (R-MI) introduced three bills aimed at reforming the EEOC and providing greater certainty for employers and employees.  The package of bills are the Certainty in Enforcement Act of 2015, H.R. 548; the Litigation Oversight Act of 2015, H.R. 549; and the EEOC Transparency and Accountability Act, H.R. 550.  .  Rep. Walberg chairs the… Continue reading New EEOC Oversight and Accountability Legislation Introduced

EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

A new brief was filed by the EEOC in Texas v. EEOC that makes one wonder why the EEOC continues to spend a lot of time and money investigating and suing over guidance that it says has no legal impact, creates no legal obligations, and causes no injury. Texas v. EEOC, Texas is claiming that the EEOC’s… Continue reading EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

EEOC Litigation Tactics on Trial at Supreme Court

One of the most common criticisms of the EEOC is its heavy-handed litigation tactics, including whether courts can review the EEOC’s decisions to conciliate prior to filing a lawsuit. Under the Civil Rights Act, the EEOC is required to conciliate before suit, but there is arguably wide latitude in what may constitute conciliation within the… Continue reading EEOC Litigation Tactics on Trial at Supreme Court