Civil Actions By EEOC Against Employers

Where a reasonable cause determination is made and efforts at conciliation have failed, the EEOC may bring a civil action against any private employer after 30 days from the date of filing with the Commission. The EEOC may bring an action on behalf of an individual claimant or it may proceed with an action seeking relief for all similarly situated individuals under the theory that the employer has engaged in a pattern of discrimination. In bringing a pattern or practice case against an employer, some courts have taken the position that the EEOC must show that at least some of the purported class members are qualified individuals with disabilities within the meaning of the ADA; proof of a discriminatory pattern or practice is insufficient without proof that such pattern or practice discriminated against qualified individuals with disabilities.