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Pattern or Practice

TransPerfect Legal

Unraveling the Money Trail: The Vital Role of Linguistics in Anti-Bribery Investigations

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Linguistics plays a crucial role in investigations under the US Foreign Corrupt Practices Act, a regulation focused on combating bribery and corruption in international business transactions. These investigations typically...more

Troutman Pepper

Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

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As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears...more

Hinshaw & Culbertson - Employment Law...

Title VII Enforcement Powers Against Employers Clarified by EEOC Opinion Letter

On Thursday, September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an Opinion Letter shedding light on the agency's own ability to sue employers under Section 707(a) of Title VII of the Civil...more

Roetzel & Andress

EEOC Acknowledges Limitations To Its Enforcement Powers In Recent Opinion Letter

Roetzel & Andress on

It is not often that the Equal Employment Opportunity Commission (EEOC) issues opinion letters. It is less often that the EEOC publicly acknowledges limitations to its enforcement powers. However, both of these events...more

Jackson Lewis P.C.

EEOC: A “Pattern And Practice” Is Not A Standalone Basis To Sue

Jackson Lewis P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The...more

Foley & Lardner LLP

Rare Opinion Letter Clarifies Limitations on EEOC’s Authority to Bring Title VII “Pattern and Practice” Lawsuits

Foley & Lardner LLP on

On September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued a rare opinion letter confirming its legal interpretation of the EEOC’s ability to sue businesses under Section 707(a) of Title VII of the...more

Sherman & Howard L.L.C.

Fending Off Future Bench-Slaps, The EEOC Slaps Itself

Thursday the EEOC took the extraordinary step of limiting its own jurisdiction. Section 707 of Title VII empowers the EEOC to bring “pattern and practice” lawsuits to challenge an employer’s “resistance” to the rights...more

Seyfarth Shaw LLP

EEOC Update: The Commission Issues A Rare Opinion Letter Interpreting Requirements For Pattern Or Practice Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 3, 2020, the EEOC issued an opinion letter (only its second of the year) regarding the Commission’s interpretation and enforcement of § 707(a) of Title VII, which authorizes the EEOC to sue...more

Fisher Phillips

Web Exclusive: EEOC Trial Tactics Lead To Massive Sanctions Award

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After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

Goodwin

Federal Reserve Board Announces Penalty Against State Bank for Alleged Violation of the National Flood Insurance Act

Goodwin on

On September 14, the Board of Governors of the Federal Reserve System announced the execution of a settlement with a state bank concerning alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. §...more

Holland & Knight LLP

Food and Beverage Law Update: August 2017

Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

McAfee & Taft

Employer successfully fights EEOC subpoena

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Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

Seyfarth Shaw LLP

No Subpoena For You! – Tenth Circuit Says EEOC’s Subpoena Out Of Line

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Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2016

Patchwork Expands as More Cities Adopt Paid Sick Leave - Why it matters - Following the recent example of Los Angeles and adding to the current patchwork of jurisdictions providing paid sick leave across the...more

Goodwin

Federal Reserve Announces Enforcement Action Against State Bank for Alleged Violation of the National Flood Insurance Act

Goodwin on

On May 17, the Federal Reserve announced the execution of a settlement agreement with a state bank resolving alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. § 4012a(f), and Regulation H, 12 C.F.R....more

Seyfarth Shaw LLP

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

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In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Tosses EEOC Lawsuit Challenging CVS Severance Agreements Due to Failure to Conciliate

Last month, the Seventh Circuit again rejected the Equal Employment Opportunity Commission’s attempt to declare an employer’s standard severance agreement illegal under Title VII. The EEOC and CVS Pharmacy have clashed over...more

Faegre Drinker Biddle & Reath LLP

7th Cir. Won’t Let EEOC Skip Pre-Suit Conciliation

When CVS fired store manager Tonia Ramos in 2011, it offered her its standard severance agreement that included a broad release of waivable claims, including claims under Title VII, but explicitly preserving the right to...more

Sherman & Howard L.L.C.

SCOTUS Benchslap For EEOC On the Way?

In EEOC Silent on Sanctions (August 2013), we reported on CRST Van Expedited, in which a federal district court awarded an employer $4.69 million in attorneys’ fees against the EEOC for the agency’s mishandling of a supposed...more

U.S. Equal Employment Opportunity Commission...

EEOC Suit Challenging Doherty Enterprises' Attempt to Bar Discrimination Charges Will Go Forward

Court Rejects Doherty's Argument That EEOC Cannot Proceed Without Discrimination Charge and Conciliation, Denies Motion to Dismiss - MIAMI - A federal judge has denied a motion to dismiss a claim for a pattern or...more

Ballard Spahr LLP

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

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The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

BakerHostetler

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

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A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

BakerHostetler

EEOC’s Battle Against Employee Releases Heats Up

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In February, we commented on the EEOC v. CVS Pharmacy, Inc. case, where the EEOC filed a “pattern or practice” lawsuit against CVS in Illinois federal court, claiming that CVS’ employee releases discourage the filing of EEOC...more

BakerHostetler

Court Slams EEOC on Background Check Lawsuit

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Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S....more

Patterson Belknap Webb & Tyler LLP

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

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