EEOC Amicus Tracker

The EEOC has filed - amicus briefs in federal courts across the country since the start of 2024, tackling a wide range of employment law topics, including diversity and inclusion training, affirmative action programs, and artificial intelligence in the workplace.




Legal status  Pending   Resolved   Dismissed 
--Graphics by Ben Jay.

NEWS & ANALYSIS


Feds Back Straight Worker's Suit Alleging Pro-LGBTQ Bias

By Patrick Hoff

The federal government urged the U.S. Supreme Court to revive a heterosexual Ohio state employee's lawsuit claiming supervisors' bias toward LGBTQ workers cost her a promotion, saying the Sixth Circuit erred in holding she needed to show a pattern of prejudice against straight people to support her case.

Disability Bias At The Fore In EEOC's Busy Amicus Year

By Anne Cullen

A large swath of the 45 amicus briefs lodged by the U.S. Equal Employment Opportunity Commission this year dealt with disability discrimination, and the agency spent most of its time at the Fifth and Sixth circuits. Here's a look back at the EEOC's amicus activity in 2024.

EEOC Tells 7th Circ. Performance Plan Bolsters Age Bias Suit

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission urged the Seventh Circuit to reopen a lawsuit claiming United Airlines placed an employee on a performance improvement plan because she complained about age bias, arguing the district court should've considered how the U.S. Supreme Court's Muldrow decision impacted the case.

EEOC Tells 5th Circ. Outdated Standards Sank ADA Case

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission urged the Fifth Circuit to revive a former General Motors employee's suit claiming she was fired because of work restrictions following an on-the-job accident, arguing the trial court used obsolete federal disability law standards to toss the case.

Sex Harassment Award Wrongly Shrunk, EEOC Tells 11th Circ.

By Grace Elletson

The U.S. Equal Employment Opportunity Commission told the Eleventh Circuit that a trial court was too quick to cut down a former car dealership worker's $830,000 jury verdict in her case claiming she was sexually harassed on the job, stating that a damages cap was improperly applied.

EEOC Backs 11th Circ. Challenge To Hyundai Dreadlock Ban

By Grace Elletson

The U.S. Equal Employment Opportunity Commission on Wednesday threw its weight behind a Black former worker at a Hyundai plant looking to revive race bias claims at the Eleventh Circuit, saying a trial court shouldn't have tossed her allegations that policies regulating dreadlocks amounted to discrimination.

EEOC Backs Rehab Worker's Retaliation Case At 10th Circ.

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission on Friday urged the Tenth Circuit to revive an occupational therapist's lawsuit claiming a colleague inappropriately touched her and that she was fired after she reported the co-worker's harassment, arguing the trial court used the wrong standard when it tossed her retaliation claim.

Law360 Gives Attys New Tool To Track EEOC Amicus Briefs

By Anne Cullen

Law360 has launched its U.S. Equal Employment Opportunity Commission amicus brief tracker, providing an interactive map to keep lawyers up to date on the EEOC's views on cutting-edge areas of discrimination law, as well as where the agency is focusing its efforts.

Christian Group Can't Get Around Anti-Bias Law, EEOC Says

By Grace Elletson

The U.S. Equal Employment Opportunity Commission urged the Ninth Circuit to reject a Christian humanitarian organization's argument that it was on solid legal ground to yank a job offer from an applicant after learning she was in a same-sex marriage, saying siding with the group will "undermine" Title VII.

Cop's Fitness Exam May Qualify As Retaliation, 6th Circ. Told

By Patrick Hoff

A trial court wrongly tossed an Ohio police officer's suit claiming he was sidelined for complaining about age bias, the U.S. Equal Employment Opportunity Commission said, telling the Sixth Circuit that forcing him to undergo a fitness assessment could qualify as unlawful retaliation.

EEOC Tells 6th Circ. Medical Allergies Can Be Disabilities

By Grace Elletson

The U.S. Equal Employment Opportunity Commission told the Sixth Circuit on Monday that a trial court wrongly tossed an insurance company worker's disability bias suit claiming she was fired for defying its COVID-19 vaccination mandate because of her antibiotics allergy, arguing the condition is considered a disability.

No Special Retaliation Standard For HR Workers, EEOC Says

By Grace Elletson

The U.S. Equal Employment Opportunity Commission said Friday the Seventh Circuit should revive a former human resources manager's suit claiming she was fired for reporting discrimination, arguing a lower court erred by holding her claims to a higher standard because of her job.

Arbitration Limits Cover Anti-LGBT Harassment, EEOC Says

By Grace Elletson

A two-year-old law barring mandatory arbitration of sex harassment claims extends to harassment that targets sexual orientation or gender identity, the U.S. Equal Employment Opportunity Commission said, urging the Third Circuit to back a ruling keeping a former nursing assistant's suit in court.

EEOC Tells 6th Circ. To Take Harassment Suit Slurs Seriously

By Grace Elletson

The U.S. Equal Employment Opportunity Commission urged the Sixth Circuit to revive claims brought by two Black former workers that they faced racist harassment at a transportation company, arguing the lower court minimized that they were regularly called slurs on the job.

EEOC Tells Full 8th Circ. To Revive Diabetic Worker's ADA Suit

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission urged the full Eighth Circuit to uphold the revival of a lawsuit alleging a Hardee's franchisee fired a manager over her diabetes, arguing Friday that an employer's honest belief that a worker violated corporate policy doesn't automatically defeat disability bias claims.

Amicus Brief Shows EEOC Homing In On Disparate Impact

By Anne Cullen

A recent U.S. Equal Employment Opportunity Commission amicus brief arguing that a workplace vaccination mandate may have unlawfully disadvantaged Black workers highlights the agency's focus on seemingly impartial workplace policies that yield skewed results, experts said. 

EEOC Tells 5th Circ. To Revive ADA Suit Over Service Dog Bid

By Grace Elletson

The U.S. Equal Employment Opportunity Commission backed a worker who said a school district unlawfully slow-walked its response to her request to bring a service dog to work, telling the Fifth Circuit that a trial court missed the big picture when it tossed her case.

EEOC Backs Worker's 1st Circ. Bid To Revive ADA Suit

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission threw its weight behind a former heating and air conditioning technician's suit claiming he was fired for requesting a modified schedule because of a knee injury, telling the First Circuit a lower court used outdated standards to dismiss it.

EEOC Backs Gay Walmart Worker's Bias Suit At 10th Circ.

By Grace Elletson

The U.S. Equal Employment Opportunity Commission told the Tenth Circuit that a district court was too quick to toss a former Walmart worker's suit claiming he was demoted and fired for being gay, arguing the lower court applied incorrect legal standards to his case.

EEOC Backs Ex-Uber Driver's Bid To Revive Race Bias Suit

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission urged the Ninth Circuit to reconsider a former Uber driver's lawsuit claiming the ride-hailing giant's rating system is racially biased, arguing that a panel's June ruling flew in the face of federal civil rights law and U.S. Supreme Court precedent.