EEOC-INITIATED LITIGATION: CASE LAW DEVELOPMENTS IN 2011 AND TRENDS TO WATCH FOR IN 2012 PART I

• Published in: Labor law journal (Chicago) Vol. 63; no. 1; p. 22
• Main Authors: Maatman, Gerald L, Degroff, Christopher J
• Format: Journal Article
• Language: English
• Published: Riverwoods CCH Incorporated: Health & Human Resources 01.04.2012
• Subjects: Civil rights; Compliance; Cost shifting; Counseling; Court hearings & proceedings; Employees; Enforcement; Investigations; Labor law; Litigation; Production costs; Sex discrimination; State court decisions; Subpoenas; United States > US
• ISSN: 0023-6586

The EEOC brought an action against the defendant, alleging sex discrimination and retaliation under Tile VII of the Civil Rights Act of 1964. The charging parties claimed that they were subjected to lewd comments and sexual invitations, and were retaliated against for reporting allegations of sexual harassment during internal investigations. The EEOC served notice of the charges to the defendant and commenced an investigation. During the course of the investigation, the EEOC issued Requests for Information to the defendant, and it failed to respond. Subsequently, the EEOC issued an administrative subpoena seeking the requested information, including the complete personnel files of charging parties, employee handbooks and procedures, and identification of all employees discharged during the relevant time period. The defendant again failed to respond. The ruling in EEOC v. McCormick &Schmick's is believed to be the first to give judicial approval to the EEOC's use of radio spot ads to solicit alleged victims in an EEOC pattern or practice lawsuit.