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 Commission’s detailed guidance, issued September 3, 2020, announces a more restrained approach by the agency in bringing such claims. The … Continue Reading
The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential, claim-processing rule that does not determine whether a court has subject-matter jurisdiction over the dispute, the U.S. Supreme Court has … Continue Reading
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of … Continue Reading
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of … Continue Reading
On February 1st, the EEOC announced it would begin requiring employers to submit information on employee wages and work hours broken down by gender, race and EEO-1 category as part of its annual EEO-1 reporting process. For the first time, the EEOC (and the OFCCP) will have nationwide data on employee pay to help identify … Continue Reading
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of … Continue Reading
At the end of the Supreme Court’s term in June, we blogged about a housing discrimination case that might be used by employers to limit disparate impact liability. Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015). Less than two months later, a divided three judge panel … Continue Reading
Today, in a 5-4 decision, the Supreme Court made clear that disparate impact discrimination claims are cognizable under the Federal Housing Act (“FHA”) despite the lack of explicit language authorizing such a cause of action. Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (here is a link to the decision). In … Continue Reading
The Equal Employment Opportunity Commission (“EEOC”), an agency that has suffered a number of very public setbacks in its litigation efforts in 2013, will finish the year on a high note. In a much-anticipated decision, the U.S. Court of Appeals for the Seventh Circuit, breaking ranks with its sister circuits, held that employers cannot challenge the EEOC’s good-faith settlement efforts in … Continue Reading
On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City. The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies. Experienced Jackson Lewis class action litigators … Continue Reading
On June 28, 2013, the U.S. Court of Appeals for the Seventh Circuit granted the EEOC’s petition for an interlocutory appeal of a district court’s decision and order holding that the Commission’s conciliation efforts are subject to, at least, some judicial review. In re Equal Employment Opportunity Commission (EEOC v. Mach Mining, LLC), No. 13-8012 … Continue Reading
