Split Bifurcation Ruling In EEOC Religious Discrimination And Retaliation Case

In the third of a trio of significant recent decisions arising out of EEOC v. JBS USA, LLC, No. 10-CV-02103 (D. Colo. August 8, 2011), Judge Phillip Brimmer granted in part and denied in part the EEOC’s motion to bifurcate trial and discovery. For our previous posts on the case, see here and here. This latest ruling addresses the statutory underpinnings of an EEOC pattern or practice case, and is a valuable read for employers facing large-scale EEOC litigation.

It is also a window into the EEOC's regular practice of seeking "punitive damages in stage 1" bifurcation, a device which entails significant litigation leverage depending on how a judge reacts to the litigation gambit.
 

To read this blog post click here