Law360, New York ( November 26, 2013, 4:08 PM EST) -- As the Thanksgiving holiday approaches, employers are likely giving thanks for the growing trend among federal courts to reign in what many perceive to be overly aggressive litigation tactics employed by the Equal Employment Opportunity Commission. There have been a surprising number of cases over the past year in which the EEOC has been dressed down for: (1) seeking to litigate claims that the agency failed to investigate and/or conciliate, (2) asserting baseless disparate impact claims; and (3) engaging in abusing litigation tactics. These cases likely have emboldened employer defendants, setting the table for continued challenges unless and until the EEOC makes necessary adjustments....
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