With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more
1/8/2016
/ Americans with Disabilities Act (ADA) ,
AutoZone ,
Corporate Counsel ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Jury Instructions ,
Popular ,
Reasonable Accommodation ,
Wellness Programs ,
Young Lawyers
As we previously blogged about, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked CVS Pharmacy Inc.’s standard release agreement which contained terms more...more
We have previously blogged about the impact of the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015). As we predicted, the true impact of Mach Mining will not be known until...more
We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more
10/30/2015
/ ADEA ,
Age Discrimination ,
Conciliation ,
Corporate Counsel ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Mach Mining v EEOC ,
Motion for Reconsideration ,
Popular ,
SCOTUS ,
Separation Agreement
In EEOC v. Consol Energy, Inc. et. al., Case No. 1:13-CV-215 (S.D. W. Va. Aug. 21, 2015), a jury found in favor of the EEOC in its claim brought under Title VII that the employer denied an employee a religious accommodation...more
Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more
7/24/2015
/ Adverse Employment Action ,
Affirmative Defenses ,
Collateral Estoppel ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Estoppel ,
Food Manufacturers ,
Religious Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Undue Hardship
Amid the flurry of major U.S. Supreme Court decisions that were decided towards the end of the 2014-2015 term, the landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015), seems like ancient history. As we...more
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more