World-renowned poker expert Kenny Rogers once sagely advised, “You’ve got to know when to hold ’em. Know when to fold ’em. Know when to walk away.” In the EEOC v. Freeman opinion, the court explained the company, Freeman, held the royal flush and the EEOC held nothing. Continuing the analogy throughout the introduction, the court found that, “Like the unwise gambler, it did so at its peril. Because the EEOC insisted on playing a hand it could not win, it is liable for Freeman’s reasonable attorneys’ fees.” Here, the court found it was unreasonable for the EEOC to continue its investigation with the lack of proper analysis demonstrating disparate analysis and, instead, choosing to rely on flawed investigative reports. Ultimately, the court awarded over $938,000 in attorneys’ fees to Freeman.
Hiring Tips Blog

The Lessons of EEOC v. Freeman – “Know When to Hold ’em. Know When to Fold ’em.”
Nov 1, 2015 | EEOC
Recent Posts
- Minnesota, Iowa Modify Employer Drug Testing Requirements
- Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
- THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
- Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
- California Approves Rules Regulating AI in Employment Decision-making
Categories
- Background Check Compliance (103)
- Background Check Laws (59)
- Background Screening (44)
- Biometric Identification (5)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (182)
- Data Protection & Privacy (105)
- E-Verify Issues (76)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (49)
- Employer Negligence (37)
- Employment Screening (136)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (4)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (89)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (13)
- Pre-employment Drug Testing (189)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (20)
- Uncategorized (1)
- Wage History Checks (4)