The EEOC Strategy Of Sue First, Ask Questions Later

Law360, New York (March 8, 2012, 1:22 PM EST) -- The U.S. Equal Employment Opportunity Commission (EEOC) claims that it can sue an employer and use discovery to identify, investigate and seek relief for individuals it never heard of before it filed its lawsuit. On Feb. 22, 2012, however, the U.S. Court of Appeals for the Eighth Circuit determined that the EEOC has no such authority.

The court's decision adds to a growing list of cases that have rejected what some courts have described as the EEOC's "sue first, ask questions later" litigation strategy.

In EEOC v. CRST Van Expedited Inc., the Eighth Circuit affirmed the dismissal of the EEOC's claim...

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