Barbara Hoey Quoted in Law360 Article, EEOC ​‘Up For A Fight’ As High Court Title VII Test Takes Shape

The EEOC filed an amicus brief filed in the Tenth Circuit contending that the Supreme Court’s ruling in Muldrow v. St. Louis bolsters the Title VII case brought by Bethany Scheer, a worker who was fired after refusing to submit to employer-sponsored mental health treatment.

Law360 quotes Kelley Drye’s Barbara Hoey, who notes that Scheer’s case does not present ideal facts for the EEOC.

“There were adverse things that [Muldrow] cited that were being thrust upon here. While the rank and pay stayed the same, there were a lot of things about the job that changed,” she said. ​“But Ms. Scheer was only being asked to go to counseling, and everything about her job would’ve remained the same.” Hoey pointed out that case filings show Scheer did reach out to the EAP program during her suspension and ultimately met with a counselor a few times after she was let go.

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