On June 1, 2015, the Supreme Court of the United States (“SCOTUS”) issued its decision reversing the Tenth Circuit’s award of summary judgment in favor of Abercrombie & Fitch Stores, Inc. in the closely watched employment discrimination case.
U.S. Equal Employment Opportunity Commission (EEOC) commenced litigation against CVS Pharmacy, Inc. alleging that its separation agreements unlawfully prevented employees from communicating with the agency (the EEOC) or filing discrimination claims. Legal commentators have indicated that the form of separation agreement used by CVS is fairly standard for employers throughout the country. However, the EEOC contends that the separation agreements interfere with the employee’s right to file charges with the EEOC and other agencies in violation of Title VII of the Civil Rights Act.