Lessons For Employers Facing EEOC And Private Litigation
By Rachel Cowen and Brian Mead ( September 25, 2017, 12:51 PM EDT) -- In August of this year, the Seventh Circuit held in U.S. Equal Employment Opportunity Commission v. Union Pacific Railroad Co. that the EEOC's issuance of a right-to-sue letter along with the actual disposition of a private lawsuit from the charging individuals does not bar the EEOC from continuing its own investigation and enforcement efforts for the original charge.[1] Union Pacific was actually a subpoena enforcement action. Two Union Pacific employees filed charges alleging that their positions had been eliminated and that they were denied promotions because of their race. The charge prompted the EEOC to commence an investigation into systemic discrimination. However, Title VII requires the EEOC to provide a charging party with a notice of right to sue upon request if, within 180 days of the filing of the charge, the agency has not completed its investigation....
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