On Friday, the Sixth Circuit reversed judgment in favor of an employer and held (1) that the EEOC may pursue a pattern-or-practice theory in a case originally filed by a plaintiff/Charging Party alleging that the employer had a policy of not hiring women; (2) that the EEOC may pursue such a theory not only in cases it pursues in its own authority (without the benefit of a Charging Party first filing a Charge of Discrimination) under §707 of Title VII, but also under §706 when a plaintiff previously filed a Charge of Discrimination; and (3) that the EEOC need not specially plead the pattern-or-practice theory in its Complaint. Serrano v. Cintas Corp., No. 10-2629 (6th Cir. 11/9/12). In ruling for the EEOC, the Court rejected the employer's argument that permitting the EEOC to pursue the pattern-or-practice theory in cases brought under §706 rendered §707 superfluous. The Court also rejected the contention that the EEOC needed to plead pattern-or-practice in its complaint under Swierkiewicz.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
