Don Livingston Quoted by Law360 on Limitations Period in EEOC ‘Pattern or Practice’ Cases

Law360, for its article “4 Biggest Questions Facing Employment Class Action Attys,” quoted Akin Gump labor and employment partner and former U.S. Equal Employment Opportunity Commission (EEOC) general counsel Donald Livingston on what limitations period applies in EEOC ‘pattern or practice’ cases.

Speaking about the impact of Title VII of the Civil Rights Act of 1964’s 300-day limitation period for employees to file a charge of discrimination and the EEOC’s ability to seek relief in such cases, Livingston said, “The EEOC’s position in the courts has been that it is subject to no limitations period when its lawsuit seeks a recovery for a class and asserts that the defendant has engaged in a pattern or practice of discrimination.” The issue recently came up in the EEOC’s closely watched bias case against Freeman, in which a district court, after throwing out the EEOC’s racial discrimination claims against the company, subsequently awarded Freeman more than $900,000 in attorneys' fees in the case. Click here to read more about that case.