Greg Mersol

Greg Mersol


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Latest Posts › EEOC


Unanimous Supreme Court Holds EEOC Must Conciliate

Title VII was passed with a strong bias toward voluntary, non-litigation methods of dispute resolution. Indeed, the statute requires that even when the EEOC has found probable cause, the Commission “shall endeavor to...more

5/5/2015 - Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC SCOTUS Title VII

Fourth Circuit Rejects EEOC Expert Report Riddled With Errors

We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is...more

3/19/2015 - Criminal Background Checks Dismissals EEOC Enforcement Actions Expert Witness Hiring & Firing

Fourth Circuit Affirms Sanctions Against the EEOC In Action Fraught with Delays

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests for information and/or relief. In a recent case from the Fourth Circuit, that...more

4/7/2014 - Attorney's Fees EEOC Sanctions

Multiple Courts Criticize EEOC Behavior In Class Cases

Over the last 5 years, the EEOC has become increasingly aggressive in the bringing and pursuit of broad initiatives and, in particular, class litigation. Cynics can debate whether this springs from a desire to make a...more

10/8/2013 - Class Action Discrimination EEOC Good Faith Sanctions Title VII

Maryland Court Rejects EEOC Challenge To Criminal Background Checks

Many employers, including the EEOC, use criminal background checks as part of their hiring processes....more

8/19/2013 - Compliance Criminal Background Checks Discrimination EEOC Employer Liability Issues Hiring & Firing

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

6/1/2013 - Class Action Commonality Discrimination Disparate Impact Dukes v Wal-Mart EEOC Hiring & Firing Predominance Requirement Rule 23(b)(2) Sex Discrimination Summary Judgment Title VII

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more

2/13/2013 - Background Checks Credit Reports Discrimination EEOC Hiring & Firing Kaplan Race Race Discrimination

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more

1/24/2013 - Class Action Class Certification Disparate Impact EEOC Sex Discrimination Summary Judgment Title VII

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

12/31/2012 - Age Discrimination EEOC FAA Retirement Safety Precautions

Sixth Circuit Gets it Wrong on Title VII Pattern or Practice Claims

The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction. We’ve written before (previous...more

11/26/2012 - Discrimination EEOC Title VII

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