Update On CNH v. EEOC – Can The EEOC Troll For Plaintiffs By Sending A Blast Email To Business Email Addresses?

On August 1, 2013, Case New Holland, Inc. and CNH America LLC, commenced federal court litigation against the EEOC and one of its Investigators from the Philadelphia District Office (collectively “EEOC”) conducting an age discrimination investigation against the CNH plaintiffs. The lawsuit was commenced by Seyfarth Shaw in the U.S. District Court for the District of Columbia. It was assigned to District Judge Reggie Walton. The lawsuit garnered immediate media interest in terms of the nature of the conduct challenged.

The CNH complaint alleges that the EEOC violated the Administrative Procedure Act (“APA”) and the Fourth and Fifth Amendments to the U.S. Constitution by sending a blast e-mail to the CNH e-mail addresses of 1,169 current employees, including managers, for the purpose of trolling for “alleged victims of discrimination,” without prior notice to CNH and without any finding that CNH had violated the Age Discrimination in Employment Act (“ADEA”).

To read this blog post click here