Employers Beware: Some Federal Courts Continue To Afford Great Deference To The EEOC's Litigation Tactics

The debate continues in Corporate America and federal courthouses relative to the tactics utilized by the EEOC in pursuing its litigation enforcement program. Some like it; other do not. As detailed here, some federal judges have criticized the EEOC's tactics and dismissed the government's lawsuits on a variety of grounds, and some judges have entered large fee awards against the EEOC as a result. The one thing that is certain is that the EEOC's tactics are controversial, as the EEOC continues to push the legal envelope in litigating its cases in an aggressive fashion.

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