Employment & Labor Law
Please select a topic from the drop down list
Equal Employment Opportunity Commission v. Pemco Aeroplex, Inc.
17 Fla. L. Weekly Fed. C1034 (Fla. 11th Cir. September 13, 2004)
The issue on appeal is whether the EEOC is barred from bringing a claim of discrimination when a separate action has rendered an adverse judgment. The Court held that the EEOC is not barred especially when the EEOC was denied the opportunity to join the earlier suit and the EEOC suit contained individuals not represented in the earlier private cause of action. The Court determined that in order for the EEOC to be bound by the private suit, the EEOC must have been in privity with the private plaintiffs. The Court determined that EEOC was not bound under the virtual representation theory or the control theory. Under virtual representation, the EEOC must have participated, had a close relationship, or consented to be bound by the judgment. Under the control theory, the EEOC must have controlled the private parties litigation. Furthermore, the Court noted that it is rare to have an agency bound by a private suit because agencies have statutory duties that are much broader than private litigants.
Topic(s)
