Daily Labor Report®

Appeals Panel Restates Presuit Process View;
EEOC Renews Its Call for Full Court Review

May 10, 2012, 4:00 AM

The Equal Employment Opportunity Commission May 9 renewed its prior request that the full U.S. Court of Appeals for the Eighth Circuit consider whether the agency must investigate and otherwise satisfy its presuit obligations as to each individual claimant before filing a class lawsuit under Title VII of the 1964 Civil Rights Act (EEOC v. CRST Van Expedited Inc.).

The request comes after a panel of the court May 7 granted EEOC’s petition for panel rehearing in the case—denying as moot the agency’s petition for en banc review—and May 8 issued an amended opinion reaffirming 2-1 that, when...

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