Case Explained: UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. COVIUS SERVICES, LLC

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-14

Docket: 2:23-cv-00186-TOR

The Ninth Circuit reversed the district court’s mid-trial dismissal of the EEOC’s Title I Americans with Disabilities Act (ADA) claim against Covius Services, LLC, which was granted as judgment as a matter of law under Federal Rule of Civil Procedure 50(a). The appellate court held that the district court abused its discretion in reversing its prior evidentiary ruling to exclude a critical email from an Aerotek recruiter under Federal Rule of Evidence 807. This exclusion was based on two clearly erroneous factual findings regarding trial testimony: first, the district court incorrectly stated the witness had no idea where she obtained information when she actually testified it came from specific account managers; and second, the court mischaracterized the witness’s testimony by implying she fabricated the email’s content about the plaintiff’s migraines to “soften the blow,” whereas the record shows she clarified she reported what she heard. Because the exclusion of this evidence was an abuse of discretion, the remaining trial evidence would permit a reasonable jury to reach a verdict for the EEOC. Consequently, the judgment as a matter of law is vacated and the case is remanded for further proceedings consistent with this opinion.

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