This quarter the Western District of New York decided two cases dealing with novel legal issues. It dismissed claims of nationwide discrimination because it found that the Equal Employment Opportunity Commission failed to conduct a nationwide investigation prior to commencing a nationwide class action. In the second, the court found that the plaintiffs’ obligation to pay nursing home bills was not a “debt” for purposes of the Fair Debt Collection Practices Act.
EEOC’S Failure
U.S. Magistrate Judge Jeremiah J. McCarthy issued a somewhat complex report, Recommendation and Order in Equal Employment Opportunity Commission (EEOC) v. Sterling Jewelers, No. 08-CV-00706, 2014 U.S. Dist. Lexis 304 (Jan. 2, 2014), dismissing the EEOC’s nationwide class action discrimination claims where it failed to conduct the required nationwide investigation of the defendant’s employment practices prior to commencing this suit. The EEOC brought a civil lawsuit against Sterling on behalf of 19 female employees and similarly situated employees, specifically alleging that Sterling engaged in a nationwide pattern or practice of discrimination. Sterling moved for summary judgment as to the claims of nationwide discrimination arguing that the EEOC did not conduct an investigation that was nationwide in scope.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
