Legal Update
May 9, 2012
Greetings to all of those who attended our March Webinar "Dealing With The EEOC In 2012: Strategies For Employers Targeted In The Commission’s Systemic Enforcement Litigation Program"
We thought you would find of interest a positive development of last night from the U.S. Court of Appeals for the Eighth Circuit. As many of you know, this continues to be a roller-coaster year for employers, with numerous decisions relating to EEOC-initiated litigation. One of the "cases to watch" we mentioned in our webinar was the Eighth Circuit's decision on February 12 in EEOC v. CRST Van Expedited, Inc. The EEOC v. CRST decision dealt a blow to the EEOC's investigation and conciliation tactics, and was regarded as one of the most important EEOC decisions in recent years. The EEOC asked the Eighth Circuit to reconsider its ruling, and on Monday, it granted the EEOC's request. The very next day, however, the Eighth Circuit upheld its earlier ruling, and once again took the EEOC to task for its "sue first, aim later" tactics.
The following link gives a detailed analysis of the decision, as well as a link to the substantial 62-page decision. We suggest that it is a "must read" for any employer facing EEOC systemic investigations or litigation.
Here is the link: http://www.workplaceclassaction.com/eeoc-litigation/8th-circuit-grants-eeoc-petition-for-rehearing-in-the-crst-litigation-but-holds-against-the-eeoc-aga/
We will continue to monitor developments on this front, and our most up-to-date analyses appear on our blog: www.workplaceclassaction.com
Thank you, and happy reading.
By: Gerald Maatman and Chris DeGroff
Gerald Maatman and Chris DeGroff are Partners in Seyfarth’s Chicago office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, Gerald Maatman at gmaatman@seyfarth.com or Chris DeGroff at cdegroff@ seyfarth.com.
Seyfarth Shaw LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from their professional advisers.