In a sign that some judges are losing patience with the way the EEOC handles employment discrimination lawsuits, a federal court has ordered sanctions against the commission.
Recent case: Charlesetta sued her former employer, a law firm, claiming it failed to accommodate a disability. The EEOC took up her case. While the litigation was pending, the law firm requested any records Charlesetta had showing she tried to find a new job. She claimed she had shredded the documents, thinking she didn’t need them. The law firm asked the judge to toss out the case, claiming it was harmed because Charlesetta had destroyed the records.
The court wouldn’t dismiss the case, but did order the EEOC to pay the law firm’s expenses for depositions and discovery related to Charlesetta’s job hunt. (EEOC v. Womble Carlyle Sandridge & Rice, 1:13CV46, MD NC, 2014)
- Manager files complaint on behalf of subordinates? That's protected activity
- Set up employee complaint hotline to flag managerial abuses—and stop lawsuits
- Employee concedes shortcomings? Document it!
- Mere accommodation request may support retaliation claim
- Long Island firefighters win benefits in age-bias settlement