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Discrimination › Mach Mining v EEOC

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Jackson Lewis P.C.

Hotly Debated EEOC Conciliation Regulations Scheduled To Become Effective

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The Equal Employment Opportunity Commission’s (EEOC) amended regulations on required steps in the conciliation (settlement) phase of the EEOC administrative process for claims brought under Title VII of the Civil Rights Act,...more

Seyfarth Shaw LLP

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Constangy, Brooks, Smith & Prophete, LLP

The “Duty To Conciliate” Doesn’t Mean The EEOC Has To Be Reasonable.

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Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining? Hardly any, it appears. In Mach Mining, the Supreme Court decided...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys Fees

Parker Poe Adams & Bernstein LLP on

Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more

Mintz - Employment, Labor & Benefits...

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

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An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

Parker Poe Adams & Bernstein LLP

Second Circuit Will Not Review Adequacy of EEOC Investigation

Parker Poe Adams & Bernstein LLP on

In its most recent term, the U.S. Supreme Court held in the Mach Mining case that federal courts have limited ability to review whether or not the Equal Employment Opportunity Commission fulfilled its statutory duty to...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 27, Issue 6: Questions Linger About the Scope of Court Review of EEOC Pre-Conciliation Efforts

Morrison & Foerster LLP on

In January, in Mach Mining, LLC v. E.E.O.C., the Supreme Court determined that courts do have the power to review whether or not the Equal Employment Opportunity Commission (EEOC) has “satisfied its statutory obligation to...more

Seyfarth Shaw LLP

Court Shoots Down The EEOC At “Mach” Speed Based On “Sham” Conciliation Process

Seyfarth Shaw LLP on

Amid the flurry of major U.S. Supreme Court decisions that were decided towards the end of the 2014-2015 term, the landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015), seems like ancient history. As we...more

Fenwick & West LLP

EEOC Conciliation Efforts Subject To Limited Judicial Review

Fenwick & West LLP on

In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are subject to judicial review, although such review is limited to ensure...more

Fenwick & West LLP

Fenwick Employment Brief - May 2015

Fenwick & West LLP on

EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

McGuireWoods LLP

Supreme Court Concludes EEOC Conciliation Efforts Subject to Judicial Review

McGuireWoods LLP on

Before filing a discrimination claim in federal court under Title VII of the Civil Rights Act of 1964 (Title VII), the U.S. Equal Employment Opportunity Commission (EEOC) is statutorily required to engage in potential...more

Sands Anderson PC

Supreme Court Gives Conciliatory Nod to the EEOC’s Duty of Conciliation

Sands Anderson PC on

In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but...more

Kelley Drye & Warren LLP

Federal Courts Now Have the Authority to Review Whether the EEOC has Satisfied its Duty to Attempt Presuit Conciliation

Kelley Drye & Warren LLP on

Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission (“EEOC”) is obligated to investigate charges of discrimination and retaliation in the workplace filed by a “person...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?

Sheppard Mullin Richter & Hampton LLP on

Last week, in Mach Mining, LLC v. EEOC, the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer. ...more

Seyfarth Shaw LLP

SCOTUS Benchslaps The EEOC – An Analysis Of The Mach Mining v. EEOC Decision

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The U.S. Supreme Court recently ruled on Mach Mining v. EEOC, No. 13-1019. To recap, this case was initially brought by the EEOC, in which it claimed that Mach Mining had a pattern or practice of not hiring women for...more

FordHarrison

EEOC Required to "Conciliate"—However It Sees Fit—Before Suing Employers

FordHarrison on

In a limited victory for employers, the Supreme Court held last week in Mach Mining, LLC v. EEOC that courts have jurisdiction to review whether the Equal Employment Opportunity Commission ("EEOC") fulfilled its statutory...more

Mintz - Employment, Labor & Benefits...

Mach Mining, LLC v. EEOC: Supreme Court Holds EEOC Conciliation Efforts are Subject to Limited Judicial Review

Mintz - Employment, Labor & Benefits... on

In a unanimous decision, the Supreme Court said that conciliation efforts by the Equal Employment Opportunity Commission are subject to limited judicial review. Justice Kagan authored the decision in Mach Mining, LLC v....more

Akerman LLP - HR Defense

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

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Before filing suit against an employer, the Equal Employment Opportunity Commission has a duty to notify the employer of the claim and give the employer an opportunity to discuss the matter. But the EEOC has no duty to engage...more

Epstein Becker & Green

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

Epstein Becker & Green on

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

Foley & Lardner LLP

Supreme Court Calls Out the EEOC for Arguing It Alone Can Determine Whether It Followed the Law

Foley & Lardner LLP on

We suggested last year that if you felt paranoid that the federal agencies seemed out to get employers, perhaps it was not paranoia at all. The Equal Employment Opportunity Commission’s (EEOC) spate of recent lawsuits — or at...more

Constangy, Brooks, Smith & Prophete, LLP

It's Unanimous! EEOC Conciliation Is Subject To Judicial Review

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The Supreme Court last week rejected the EEOC’s longstanding position that pre-suit conciliation efforts are shielded from judicial review of any kind. Holding that “a court may review whether the EEOC satisfied its statutory...more

Williams Mullen

SCOTUS: Courts Have Power To Review EEOC Conciliation Efforts

Williams Mullen on

On April 29, 2015, the United States Supreme Court issued its decision in a legal battle over judicial oversight of the Equal Employment Opportunity Commission’s obligation to pursue conciliation prior to filing a lawsuit...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Issues Decision on EEOC Conciliation in Mach Mining

Patterson Belknap Webb & Tyler LLP on

On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to...more

BakerHostetler

Unanimous Supreme Court Holds EEOC Must Conciliate

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Title VII was passed with a strong bias toward voluntary, non-litigation methods of dispute resolution. Indeed, the statute requires that even when the EEOC has found probable cause, the Commission “shall endeavor to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court: EEOC's Conciliation Efforts Subject to Limited Review

Faegre Drinker Biddle & Reath LLP on

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. EEOC. Under this 9-0 decision, courts may review whether the Equal Employment Opportunity Commission (EEOC) met its obligation to attempt to conciliate...more

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