Discovery Equal Employment Opportunity Commission

News & Analysis as of

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

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

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

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

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

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

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...

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

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

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

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

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

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

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

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

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Bring Your Own Device (BYOD) and the Future of Ediscovery

In an instant, your Facebook presence is transformed…instead of uploading those photos from that party last night, you click “like” on that distant family member’s baby pictures. Instead of angrily posting on that political...more

Annual Report on EEOC Developments – Fiscal Year 2012

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

Beware EEOC’s Broad Power: Protect Your Trade Secrets

With EEOC complaints on the rise, employers should take note of a recent opinion reminding them that the EEOC may access “virtually any material that might cast light on the allegations against the employer.” The EEOC...more

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