News & Analysis as of

Discovery Equal Employment Opportunity Commission

Supreme Court Update: Expressions Hair Design V. Schneiderman (15-1391); Moore V. Texas (15-797; Goodyear Tire & Rubber Co. V....

by Wiggin and Dana LLP on

The Eight are Nine again. After over a year of operating short-handed, the Court is finally at full strength, as Justice Neil Gorsuch joined his colleagues on the bench this week to hear arguments for the first time....more

U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

by Wilson Elser on

On April 3, 2017, the United States Supreme Court in its decision on McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup., ruled that a district court’s decision to quash or enforce an EEOC...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Power of the Subpoena: Will Nominee Gorsuch Limit Scope of EEOC Reach?

Just how broad is the EEOC’s subpoena power and are we likely to get some guidance soon? We’ve said before that the McLane v. EEOC case (which is about the EEOC’s subpoena power and is currently before the Supreme Court) is...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

The First Appellate District Confirms that the Attorney-Client Privilege and the Attorney Work Product Doctrine Apply to...

In City of Petaluma, the former employee filed a charge with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging sexual harassment and retaliation during her employment with the City of Petaluma (“City”). The...more

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek...more

Keys to crafting an effective response to an EEOC discrimination charge

by McAfee & Taft on

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment....more

EEOC's New Procedure Provides Position Statements to Charging Parties

by Jackson Walker on

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the...more

Employer Beware - EEOC Will Now Allow Release of Position Statements to Charging Party

by Locke Lord LLP on

A well-crafted position statement is critical to the employer’s defense of a charge of discrimination filed at the Equal Employment Opportunity Commission (EEOC). It is the company’s opportunity to tell its side of the story,...more

New EEOC Procedures Allow Charging Parties Immediate Access to Employer Position Statements

by Davis Wright Tremaine LLP on

The EEOC has implemented new, nationwide procedures allowing a charging party and/or her representative to request immediate access to the employer’s position statement. More than ever, employers need to carefully consider...more

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements...

by Nexsen Pruet, PLLC on

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more

EEOC Allows Release of Position Statements to and Response by Charging Party

by McGuireWoods LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. The new procedures apply to all EEOC requests for position statements made on after January 1,...more

The EEOC Is "Playing Sides" with the Charge Response Process

by Miller & Martin PLLC on

The EEOC has announced new procedures under which it will now release employers' Position Statements to Charging Parties upon request. This new procedure is designed to facilitate the EEOC obtaining additional responsive...more

A One-Way Street: EEOC Unveils Nationwide Procedures for Releasing Employers’ Position Statements

As many employers know, one of the first steps in responding to an EEOC charge filed by a current or former employee is to put together a position statement to refute the complainant’s allegations and otherwise support the...more

EEOC Will Now Disclose Position Statement and Exhibits to Charging Parties During an Investigation

by Conn Maciel Carey LLP on

In a shift that could impact how employers (and their legal counsel) respond to charges of discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will disclose the employer’s position...more

Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

by Seyfarth Shaw LLP on

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several...more

EEOC Wins Most Of Discovery Dispute In Transgender Case

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender...more

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

by Seyfarth Shaw LLP on

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

Court Awards The EEOC Attorneys’ Fees And Contempt Fines In Post-Judgment Discovery Dispute

by Seyfarth Shaw LLP on

In EEOC v. Northern Star Hospitality, Inc., No. 12-CV-214 (W.D. Wis.), a case we have blogged about previously here, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin imposed contempt...more

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

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

by Seyfarth Shaw LLP on

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...more

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