News & Analysis as of September 19, 2024

Supreme Court of the United States › Discrimination › Judicial Review

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Seyfarth Shaw LLP on 8/30/2016

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

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

Mintz - Employment, Labor & Benefits... on 10/26/2015

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

Parker Poe Adams & Bernstein LLP on 10/19/2015

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

Supreme Court Concludes EEOC Conciliation Efforts Subject to Judicial Review

McGuireWoods LLP on 5/14/2015

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

Sands Anderson PC on 5/14/2015

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

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

Kelley Drye & Warren LLP on 5/12/2015

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?

Sheppard Mullin Richter & Hampton LLP on 5/8/2015

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

Seyfarth Shaw LLP on 5/8/2015

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

FordHarrison on 5/7/2015

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

Akerman LLP - HR Defense on 5/6/2015

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

Epstein Becker & Green on 5/6/2015

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

Foley & Lardner LLP on 5/6/2015

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

Constangy, Brooks, Smith & Prophete, LLP on 5/5/2015

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

Williams Mullen on 5/5/2015

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

Patterson Belknap Webb & Tyler LLP on 5/5/2015

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

BakerHostetler on 5/5/2015

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

Faegre Drinker Biddle & Reath LLP on 5/4/2015

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

Parker Poe Adams & Bernstein LLP on 5/1/2015

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

Seyfarth Shaw LLP on 5/1/2015

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

Littler on 5/1/2015

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

Baker Donelson on 5/1/2015

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

Ballard Spahr LLP on 5/1/2015

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

Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition

BakerHostetler on 4/30/2015

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

Faegre Drinker Biddle & Reath LLP on 4/30/2015

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2015

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

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