New Year, But Old Tactics: EEOC Iced In Arizona For Mixed Bag Of Procedural And Substantive Failings

Despite a number of setbacks in 2011 and 2012, it appears that the EEOC is charging into 2013 with much the same playbook it adopted in years past: aggressive litigation tactics, unreasonable demands for settlement, and an expectation that it can investigate and litigate under its own special set of rules. As we have reported in earlier posts, the EEOC’s questionable practices have not gone unnoticed by the federal bench. In EEOC v. Swissport Fueling, Inc., Case No. 10-CV-2101 (D. Az. Jan. 7, 2013), the U.S. District Court for the District of Arizona joined the growing number of federal judges to reject the EEOC’s aggressive litigation tactics and unsupported arguments that it should receive special treatment under the rules.  Specifically, the Court concluded that the EEOC is not entitled to relaxed burdens of proof or to limitless time periods in which to file claims. Id. at 13, 34. The Court also concluded that the EEOC has a statutory duty to engage in good faith conciliation efforts prior to filing suit and cannot engage in “fishing expeditions” during the course of discovery. Id. at 43-44, 49-50.       

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