Judicial Review Discrimination

News & Analysis as of

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

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

Second Circuit Will Not Review Adequacy of EEOC Investigation

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

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

Fenwick Employment Brief - May 2015

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

Courts can review EEOC’s pre-litigation conciliation efforts: 6 steps for employers

The United States Supreme Court has unanimously held in Mach Mining, LLC v. EEOC that courts can review conciliation efforts by the Equal Employment Opportunity Commission (EEOC) before the agency sues an employer. ...more

Supreme Court Concludes EEOC Conciliation Efforts Subject to Judicial Review

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

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

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

SCOTUS: EEOC Must Attempt Conciliation Before Filing Suit

On April 29, 2015, in Mach Mining, LLC v. EEOC, the U.S. Supreme Court held that courts have authority to review whether the EEOC fulfilled its obligation under Title VII to attempt conciliation before filing suit....more

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

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

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

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

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

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

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

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

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

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

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

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

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

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

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

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

SCOTUS: Courts Have Power To Review EEOC Conciliation Efforts

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

Supreme Court Issues Decision on EEOC Conciliation in Mach Mining

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

Unanimous Supreme Court Holds EEOC Must Conciliate

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

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

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

Supreme Court Requires Narrow Proof of EEOC Conciliation Efforts

On Wednesday, a unanimous U.S. Supreme Court agreed that federal courts have authority to review the Equal Employment Opportunity Commission’s attempts to conciliate discrimination charges when the agency concludes that the...more

Supreme Court Victory For Employers In Mach Mining v. EEOC

On April 29, 2015, the U.S. Supreme Court issued its long-awaited decision in Mach as1859[1]Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts...more

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

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

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