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ARTICLE · 24 JULY 2018

Recent Decision Clarifies The Legal Framework For EEOC's Pattern-Or-Practice Lawsuits Under Section 706

Seyfarth Shaw LLP
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Horizontal Well Drillers ("HWD"), is an oil and gas drilling company.

United StatesEmployment and HR
Linda C. Schoonmaker
Linda C. Schoonmaker
Funto Seton
Funto Seton
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Seyfarth Synopsis: In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible for damages as opposed to just equitable relief. In a recent decision out of the Western District of Oklahoma, yet another court has expanded the breadth of knowledge surrounding EEOC pattern or practice lawsuits, explaining that the continuing violation exception can toll Section 706's timely filing requirement.

Case Background

Horizontal Well Drillers ("HWD"), is an oil and gas drilling company. Between January 1, 2012, through June 30, 2014, job applicants to HWD were required to submit information on age, family and personal health history, doctors' care status, prescription drug use, and other health inquiries. HWD also sought information regarding applicants' workers' compensation histories, preferring to hire people

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