With the recent passing of baseball legend, Yogi Berra, it seems fitting to use one of his more colorful phrases to describe the EEOC’s rush to the courthouse at the close of this, and several prior, fiscal years. A SeyfarthShaw blog refers to this as Groundhog Day in September. As noted in the blog,
As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly trapped in the “Groundhog’s-day-like” loop that occurs each September. FY2015 was a blockbuster year in major EEOC-litigation decisions from the U.S. Supreme Court on down, leaving many areas of the law in flux. But one thing has remained constant: as we have reported for several years (see here, here, and here), the EEOC has once again rushed to file a blitz of federal court complaints just under the fiscal year wire.
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More