EEOC, et al. v. CRST Van Expedited, Inc.

Case Updates

The U.S. Court of Appeals for the Eighth Circuit ruled that the district court properly dismissed an EEOC class action alleging violations of Title VII. The court ruled that the EEOC “wholly failed” to follow the Title VII requirement for the EEOC to investigate class claims or give the defendant an opportunity to settle before the EEOC files lawsuit.

NCLC urged the Eighth Circuit to reject the EEOC’s sexual discrimination claims against CRST Van Expedited. The EEOC raised the claims without first investigating the employer’s conduct or undertaking conciliation. In its brief, NCLC argued that the district court correctly ruled that the EEOC disregarded Title VII’s mandatory pre-suit enforcement process by failing to investigate and conciliate the 67 claims that are the subject of the appeal. NCLC also urged the Eighth Circuit to uphold the dismissal of the EEOC’s class allegations of sexual harassment because the EEOC had not sued under Title VII’s “pattern or practice” provision (Section 707) but rather had sued under Section 706, which generally applies to individual claims of discrimination. The EEOC’s attempt to take advantage of the lower proof standards associated with Section 707 actions while continuing to pursue compensatory and punitive damages under Section 706 on behalf of classes of alleged discrimination victims should be prohibited.