Legal Opinion · Dissent

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, L.L.C.

Court of Appeals for the Fifth Circuit

Decided April 28, 2017No. 15-20078Published

1Dissent

PATRICK E. HIGGINBOTHAM, Circuit Judge,

on behalf of the panel, responding to the dissent from denial of rehearing en banc:

Ignoring the independent role of the EEOC when it sues on behalf of the United States government, Bass Pro asks us to hold as a matter of law that damages authorized by the 1991 amendments to the Civil Rights Act can only be recovered in individual suits. That position finds no support in the text of Title VII, its amendments, or the Supreme Court’s cases applying them.

The EEOC files fewer than 2% of the suits filed under Title VII of the 1964 Civil Rights Act, leaving the…

2Cases cited28 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  3. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  4. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  5. Lorillard v. PonsSupreme Court of the United States · 1978

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