Human Resources News & Insights

EEOC gets slapped for ‘sue first, ask questions later’ tactic

judge-gavel

In a decision sure to bring a smile to the faces of countless employers, a federal judge has ordered the EEOC to pay $2.6 million in legal fees and costs for the way it handled a decade-long lawsuit against an Ohio company.

The case, which began in 2000, involved Cintas Corp., a uniform supply firm. It’s a long and twisted tale, complete with numerous legal motions, cross-claims and other legal maneuvers.

But it all really comes down to this, taken directly from the court decision:

… (F)rom the date that this case began, the EEOC had not yet identified any of  the individual plaintiffs on whose behalf it sought to pursue a (gender bias) claim.

Finally, after the EEOC initially identified approximately 40 individual plaintiffs, only seven of these individuals … were identified as part of these 40 claimants.

Later, it was revealed that a number of these seven individuals testified that they did not believe they had claims against Cintas or testified they did not intend to advance claims against Cintas at all.

The Court agrees with Cintas when it states that the EEOC engaged in a “reckless ‘sue first, ask questions later’ strategy.”

‘Resounding defeat’

Christopher J. DeGroff and Gerald L. Maatman, Jr., attorneys for the national law firm Seyfarth Shaw, called the ruling “a resounding defeat for the EEOC’s systemic litigation program.”

The good news, according to DeGroff and Maatman: “Employers (now) have ammunition to make the government think twice about bringing and/or continuing to prosecute facially meritless claims.”

Actually, the EEOC got off relatively cheaply. Cintas had originally asked for about $1.1 million in costs and  $4.6 million in attorneys’ fees. But after a lot of technical legal wrangling, the court cut the total award to $2.6 million.

The case is EEOC v. Cintas Corp. To read all the gory details of the full decision, go here.

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  • R. B.

    I believe there are times when intervention is required by the EEOC, but I also wholeheartedly believe they frequently assume the employer is guilty, even where there is a glaring lack of evidence. Employees use this “guilty until proven innocent” aggressive stance of the Agency to get back at employers when they are legitimately disciplined or when the employer has to take some legitimate action based on business situations. Abuse by either party (employer, employee, EEOC) is not acceptable. I’m glad the court was reasonable and realized the agency was abusing their power. People forget that a businesses’ employment of people stimulates the economy. When they are doing something illegal, they should be required to make things right. But that doesn’t happen as often as the EEOC portends and employers are made to fight frivolous or vindictive claims at a high cost, which hurts us all in the long term.