For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact finding mission. The EEOC’s latest alleged actions further demonstrate that this Federal Governmental Agency may now have fully crossed the Maginot line into the land of openly being one of the many employee side plaintiff’s law firms that dot California’s golden shores.
Recently, the EEOC is alleged to have sent out emails to more than 1,000 Case New Holland, Inc. employees, soliciting potential plaintiffs for a class action against the company. The regular plaintiff’s bar is salivating at this gross solicitation, where our Rules of Professional Responsibility prohibit such conduct, either directly or through a shill, i.e. other governmental employees. Perhaps the EEOC put in their email “Attorney Advertisement.” Well, the company will likely find out exactly how the process over at the EEOC’s marketing department was designed through their recently filed lawsuit against the Agency. The lawsuit, filed August 1, seeks injunctive relief prohibiting the EEOC from engaging in this type of conduct in the future. As many know, this writer never roots for a plaintiff. However, in this case I am making an exception. Go CNH!