In early January, the EEOC reversed a decision to dismiss a class disability suit against United Parcel Service (UPS). Since 2009, the EEOC had dismissed this class action case 3 times – because only 2 employees were identified in the case requests, and weren’t enough to support a class action.
Suddenly, though, in 2013, the EEOC feels 2 identified employees provides enough evidence to allow a class action, saying the law “does not require plaintiffs, including EEOC, to plead detailed factual allegations supporting the individual claims of every potential member of a class.” I mean, it is like, make up your mind EEOC. Who are you Sammi and Ronnie?
Employers have routinely used a lack of identified employees to help dismiss class action requests. But this EEOC decision suggests that won’t be enough to stave off future litigation.
Click here to read more about the EEOC’s decision regarding UPS.