As we previously blogged about, most recently
here and
here, the EEOC has gone on the offensive challenging employer
severance agreements. In one such case, the EEOC attacked CVS
Pharmacy Inc.'s standard release agreement which contained
terms more expansive in favor of employees than the EEOC's own
interpretive guidance, and agreements held enforceable by in key
court decisions. The EEOC's case against CVS was eventually
dismissed on procedural grounds because the EEOC had not met
its obligation to conciliate the claims filed in that case, so
failed to provide additional guidance on the EEOC's aggressive
theories.
The EEOC appealed its well-publicized defeat in the CVS case and
on December 17, 2015 the U.S. Court of Appeal for the Seventh
Circuit issued yet another stinging rebuke of the
EEOC's "shoot first aim later" litigation tactics and
rejected the EEOC's appeal.
