U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number


Oral Argument Date

May 05, 2015


Case Updates

Petition for panel rehearing or rehearing en banc denied

December 01, 2015

Second Circuit holds courts may not review the ‘sufficiency’ of an EEOC investigation

September 09, 2015

The Second Circuit held that, although Title VII permits courts to review whether the Equal Employment Opportunity Commission (“EEOC”) conducted an investigation before bringing an enforcement action, it does not permit courts to review the sufficiency of such an investigation.

Accordingly, the court reasoned, it could not review whether ad hoc investigations into isolated allegations of individual discrimination were sufficient to justify a suit raising a nationwide pattern-or-practice claim.

U.S. Chamber files amicus brief

December 10, 2014

In its brief, the Chamber argued that the lower court's order dismissing the EEOC's lawsuit should be affirmed because the EEOC did not perform a nationwide investigation into the pattern-and-practice violations it alleged in this case.

The Chamber argues that the EEOC must not and should not file claims without a factual basis as such claims result in unjustified litigation. The brief argues the EEOC must discharge its statutory duties prior to bringing suit, as stated in the plain text of Title VII.

Collin O'Connor Udell from Jackson Lewis P.C. represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center.

Case Documents