Court denies Bass Pro appeal in EEOC lawsuit

The U.S. District Court in the Southern District of Texas ruled against an appeal by Bass Pro Outdoor World LLC and Tracker Marine Retail LLC in a discriminatory hiring case.

The decision reached unanimously by a three-judge panel last week means the Equal Employment Opportunity Commission may proceed in its lawsuit, originally filed in 2011 in Texas.

Represented by Atlanta law firm King & Spalding LLP, Bass Pro challenged the EEOC’s approach to the lawsuit, specifically whether it can use a “pattern-or-practice” form of case law. The practice form requires proof that Bass Pro systematically engaged in discriminatory activities.

Bass Pro lawyers argued the EEOC could not use the pattern-or-practice approach under a specific section of the Civil Rights Act, saying the provision rarely is used to examine the broad actions of a company’s practices. With the court’s action last week, Bass Pro must prove each individual involved in the case did not experience discrimination, according to a report by Corporate Counsel journal. The ruling could set a precedent shifting the responsibility of disproving bias to companies. 

Bass Pro spokesman Jack Wlezien issued a statement on behalf of the company in response to the court’s decision.

“The Fifth Circuit's procedural ruling is perplexing as it provides no guidance for the district court on how to try the EEOC's claims without violating Bass Pro's rights under the Seventh Amendment and due process clause,” the statement reads. “In response to this ‘figure it out as we go along’ approach, the company is considering a number of potential actions.”

The parties have until July 8 to file a status report on whether the court’s decision impacts the court proceedings unlawfully, according to a legal document signed June 20.

In 2011, the EEOC alleged Bass Pro unlawfully failed to hire black and Hispanic applicants for positions in stores nationwide. The claim originated at stores in the Houston, Texas, area but expanded to cover the entire company. The suit seeks a permanent injunction prohibiting Bass Pro from such conduct.

A year later, a judge threw out the case, saying the EEOC could not prove the company engaged in systemic discrimination policies. However, the EEOC refiled the case a month later.