News & Analysis as of

Pattern or Practice Title VII

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

Fisher Phillips on

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

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

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

BakerHostetler

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

BakerHostetler on

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

Court Slams EEOC on Background Check Lawsuit

BakerHostetler on

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

Orrick - Employment Law and Litigation

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Proskauer Rose LLP

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

Proskauer Rose LLP on

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

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