Another Court Rejects The EEOC's Pattern Or Practice Claims As Time Barred By § 706's 300-Day Limitation Period

In an issue of first impression before the U.S. District Court for the Western District of Pennsylvania, Judge Nora B. Fischer in EEOC v. United States Steel Corporation, et al., No. 10-CV-1284 (W.D. Pa. July 23, 2012), granted, in part, Defendant’s motion to dismiss, and held that the EEOC must adhere to § 706’s 300-day limitations period relative to its § 707 pattern or practice allegations. The Court expressly rejected the EEOC’s attempt to dodge the limitations period on its claims that the Defendant violated the ADA when it applied a nationwide policy of requiring probationary employees to undergo random alcohol tests. Although Judge Fischer barred the EEOC from seeking relief for individuals who were subject to an alcohol breath test and/or termination for more than 300 days before the filing of the discrimination charge, she denied Defendant’s motion as to the EEOC’s remaining charges; however, she did so with caveats, and without the benefit of a full evidentiary record. 

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