Court Revives ‘Pattern or Practice’ Suit, Vacates $2.6 Million Fee Award to Employer

The Equal Employment Opportunity Commission may proceed with a “pattern or practice” sex discrimination claim against Cintas Corp. even though EEOC sued under Section 706 of Title VII of the 1964 Civil Rights Act rather than Section 707, which explicitly references such claims, a divided U.S. Court of Appeals for the Sixth Circuit ruled Nov. 9 (Serrano v. Cintas Corp., 6th Cir., 10-2629/11-2057, 11/9/12).

Reversing a federal district court’s dismissal of EEOC’s claim against Cintas, a business uniform supply company, the Sixth Circuit said Section 707 is not the sole source of EEOC’s “pattern or practice” authority. ...