How Many Decades of Litigation is Enough?
On retreating from Russia after the disastrous 1812 invasion, Napoleon famously commented, “It is but a step from the sublime to the ridiculous.”...more
Some cases look a lot more important at first glance than what they turn out to be. Case in point, today’s decision in Fort Bend County, Texas v. Davis, Case No. 18-525 (U.S. Sup. Ct. June 3, 2019). The Court’s holding was...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
Case addresses scope of EEOC charge, too - The Sixth Circuit has issued an opinion involving a number of class action and employment issues in a case arising out of an unusual fact pattern and convoluted procedural history....more
Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an...more
A slap in the face, maybe, after 11 years -
Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two trainers sexually harassed her during an over-the-road trip. That...more
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
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
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
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
Many employers, including the EEOC, use criminal background checks as part of their hiring processes....more
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 ,
Equal Employment Opportunity Commission (EEOC) ,
FRCP 23(b)(2) ,
Hiring & Firing ,
Predominance Requirement ,
Sex Discrimination ,
Summary Judgment ,
Title VII
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
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
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
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