Blog Post

Jul 13, 2011

Ohio Ruling Gives Pass To The EEOC's Litigation Tactics

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Courts around the country have signaled an intolerance to questionable EEOC litigation tactics over the last 12 months (previously discussed in our blog here andhere). Judge George C. Smith of the U.S. District Court for the Southern District of Ohio bucked that trend on July 6, 2011, in his ruling in EEOC v. JP Morgan Chase Bank, N.A., No. 09-CV-00864 (S.D. Ohio July 6, 2011). Judge Smith gave the EEOC the benefit of the doubt concerning its duty to notify an employer of the scope of its investigation, and adopted an exceedingly broad view of what satisfies the EEOC’s duty to conciliate a matter in good faith before filing a lawsuit.

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