EEOC Must Pay $4.5 Million In Legal Fees To Employer

A federal judge in Iowa recently ordered the Equal Employment Opportunity Commission (EEOC) to pay $4.56 million in attorneys’ fees, costs and expenses to an interstate trucking company that successfully defended a sexual harassment class action. Last year, the court dismissed the federal agency’s suit in its entirety, finding no basis for “pattern or practice” claims or individual claims of bias under Title VII of the Civil Rights Act. In granting the employer’s request for attorneys’ fees, the trial judge found that “the EEOC’s actions in pursuing this lawsuit were unreasonable, contrary to the procedure outlined by Title VII and imposed an unnecessary burden upon [the employer] and the court.” EEOC v. CRST Van Expedited Inc., No. 07-CV-0095 (February 9, 2010).

The Finer Points: H-1B Portability & E-Verify

H-1B portability allows an H-1B worker to change employers and commence employment with the new employer once the new employer has secured the required Labor Condition Application (LCA) and filed an H-1B petition with United States Citizenship and Immigration Services (USCIS). In cases where the H-1B worker currently holds H-1B status, there seems to be no doubt that the worker is employment authorized and E-Verify queries by the new H-1B employer typically will come back as “employment authorized.”

MSHA Announces New Silica Enforcement Initiative

While the Mine Safety and Health Administration (MSHA) continues to work on developing a new crystalline silica standard (that is expected to cut the exposure limit in half), the agency has decided to ramp up enforcement of operator silica compliance with the requirements that are already on the books.

EEOC Must Pay $4.5 Million In Legal Fees To Employer

Recommended Reading

The Finer Points: H-1B Portability & E-Verify

MSHA Announces New Silica Enforcement Initiative

Beltway Buzz, October 5, 2018