EEOC's Bifurcated Discovery And Punitive Damages Gambit Rejected In Race Discrimination Pattern Or Practice Case

On February 1, 2012, Judge William Lawrence of the U.S. District Court for the Southern District of Indiana gave employers an added boost in combating a common EEOC litigation tactic in pattern or practice cases. Judge Lawrence’s decision in EEOC v. New Indianapolis Hotels, LLC, Case No. 1:10-CV-1234 (S.D. Ind. Feb. 1, 2012), addressed the EEOC's practice of seeking "punitive damages in Phase I" bifurcation, and its push for corresponding discovery bifurcation in pattern or practice cases. Judge Lawrence’s four page opinion is a short read but important for employers facing the EEOC in pattern or practice litigation.

 

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