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The Cases Companies Are Watching: EEOC v. Peoplemark, Inc.

A recent disparate impact case out of the United States District Court for the Western District of Michigan highlights the importance of continually reassessing and evaluating the strengths and weaknesses in a case as litigation proceeds. In EEOC v. Peoplemark, Inc. [ the enhanced version of the opinion...

EEOC Garners $2.6 Million Fee Award … But Not How You Think

A Michigan federal judge has slammed the EEOC for its "reckless sue first, ask questions later strategy." After 11 years of litigation, the court awarded the EEOC's target, Cintas Corporation, $2,638,443.93 in attorneys' fees, costs, and expenses from the agency. The court justified...

U.S. Employees Had a Lot Of Discrimination Claims Is FY2011

According to this November 15, 2011 press release from the EEOC , the number of discrimination claims are skyrocketing: The EEOC received a record 99,947 charges of discrimination in fiscal year 2011, which ended Sept. 30, the highest number of charges in the agency's 46-year history. EEOC...

What EEOC Wants You To Know About Using Criminal Records In Employment Decisions

The EEOC has issued a new guidance about how the use of criminal records in making employment decisions might be illegal discrimination. Why might using criminal records result in discrimination? EEOC says this about racial disparity and criminal records: In the last twenty years, there has been a...

U.S. Chamber of Commerce Challenges EEOC Over Its “Unreasonable” Enforcement Tactics

I’ve written before about federal courts taking the EEOC to task for its overly aggressive litigation tactics (for example, here , here , here , here , and here ). Earlier this week, the U.S. Chamber of Commerce published a 25-page report [pdf] (h/t Wall Street Journal ), in which it challenged...

U.S. Supreme Court Agrees to Hear Appeal on EEOC’s Duty to Conciliate

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court this morning granted a petition for writ of certiorari in an appeal of a Seventh Circuit U.S. Court of Appeals decision finding that an alleged failure to conciliate is not an affirmative defense to the merits of a discrimination suit ...

U.S. Supreme Court Rules EEOC’S Efforts to Conciliate Are Subject to Judicial Review

by Julie A. Moore Before suing an employer for employment discrimination under Title VII, the EEOC must first “endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” 42 U.S.C. §2000e–5(b). Only once...

English-Only Rules – A New Unfair Labor Practice

by Martin J. Saunders If Tea Partiers were not already unhappy with the Obama National Labor Relations Board, they will be if the Board adopts the March 18, 2015 recommended decision of Administrative Law Judge Liza Thompson. The EEOC, which administers Title VII’s prohibition against discrimination...