Alternative Dispute Resolution (ADR) Civil Rights Labor & Employment

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Supreme Court Confirms EEOC Conciliation Efforts are Subject to Judicial Review

On April 29, 2015, in a unanimous decision, the U.S. Supreme Court resolved a circuit split in holding that the Equal Employment Opportunity Commission’s (EEOC) attempts to conciliate a discrimination charge prior to filing a...more

Courts May Review the EEOC's Conciliation Efforts – Well, Sort Of

Title VII is clear: if the EEOC finds discrimination, it is supposed to "endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion." 42 U.S.C. §...more

Supreme Court Gives Employers a New, But Not Very Sharp, Tool for their Defense Arsenal Against the EEOC

Earlier this week, the U.S. Supreme Court issued a much anticipated ruling on the question of whether courts have the authority to review the adequacy of the Equal Employment Opportunity Commission’s (EEOC) pre-lawsuit...more

EEOC Must Fulfill Conciliation Requirement before Suing

The U.S. Supreme Court on April 30 released its opinion in Mach Mining, LLC v. EEOC, stating that federal courts had the authority to review whether the Equal Employment Opportunity Commission (EEOC) fulfilled its duty to...more

EEOC Will Begin Pilot Program for Online Submissions in Response to Charge Notices

The Equal Employment Opportunity Commission (EEOC) recently announced a pilot program for online submissions in response to a Notice of Charge. The online system will allow employers (or their legal representatives) to elect...more

Supreme Court Holds that EEOC Conciliation Efforts are Subject to Judicial Review

Wednesday, the Supreme Court held that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to attempt to conciliate charges of discrimination prior...more

Will Federal Courts Review the EEOC Conciliation Process?

Federal law authorizes the Equal Employment Opportunity Commission (EEOC) to investigate claims of workplace discrimination and, in some instances, to sue an employer to rectify allegedly on-going discriminatory conduct. ...more

Supreme Court (Sort of) Allows Courts To Review EEOC Mediation Efforts

Wednesday, the Supreme Court unanimously held that the Equal Employment Opportunity Commission’s statutory duty to conciliate to remedy a Title VII violation prior to filing a lawsuit on the violation is subject to some level...more

Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition

The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court. Mach Mining v. EEOC...more

Supreme Court Decides Mach Mining, LLC v. EEOC

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. Equal Employment Opportunity Commission. The Court held that the EEOC’s compliance with its statutory obligation to attempt to informally conciliate claims...more

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with...more

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

First Circuit Reinstates Arbitral Award Despite Arbitration Panel’s Potentially Erroneous Conclusions

The First Circuit Court of Appeals recently reversed the district court’s vacatur ruling and remanded the matter for entry of an order confirming an arbitration award. While the First Circuit found that several of the...more

Fenwick Employment Brief - March 2015

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses - Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more

Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision

In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity...more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

SuperVision Today - February 2015

In this edition of SuperVision Today, Carrie Harris examines how a recent Fourth Circuit decision on the scope of harassment could apply to you, Milind Dongre reviews a recent United States Supreme Court decision regarding...more

Prognosis Negative: You’re Not Immune to Company Policy Under California Leave Law

In Richey v. Autonation, Inc., issued January 29, 2015, the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate...more

Employment Law - February 2015

No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands - Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more

Construction Case Law Update - January 2015

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments...more

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