News & Analysis as of

Title VII › Discrimination › Conciliation

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  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

Denial Of Defenses: Illinois Court OK’s EEOC’s Pre-Suit Procedures

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Seyfarth Synopsis: A federal district court in Illinois recently granted the EEOC’s motion for partial summary judgment in EEOC v. Dolgencorp, LLC, No. 13-CV-4307 (N.D. Ill. Apr. 10, 2017), relative to two defenses advanced...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Seyfarth Shaw LLP

Now Something Known As “Onionhead” Is A “Religion” For Which The EEOC Can Bring A Religious Discrimination Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC religious discrimination case, a federal court found that “Onionhead” was a religion for purposes of Title VII. The court also found that the EEOC did not fail to meet its Title VII pre-suit...more

U.S. Equal Employment Opportunity Commission...

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

U.S. Equal Employment Opportunity Commission... on

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

U.S. Equal Employment Opportunity Commission...

Security Firm To Pay $115,000 To Settle EEOC Retaliation Suit

U.S. Equal Employment Opportunity Commission... on

Guardsmark Fired Security Guard Working at Michigan Client Location For Opposing Sexual Harassment, Federal Agency Charges - DETROIT - Security giant Guardsmark has agreed to pay $115,000 and to provide other relief to...more

Seyfarth Shaw LLP

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

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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

Foley & Lardner LLP

Seventh Circuit Reins in EEOC: Agency Cannot Bypass Conciliation Requirement

Foley & Lardner LLP on

On December 17, the Seventh Circuit in U.S. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653 (7th Cir. Dec. 17, 2015), rejected the EEOC’s aggressive effort to sue an employer without engaging in...more

Foley Hoag LLP

Seventh Circuit Rejects EEOC’s Attack on Severance Agreements

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On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc. In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., the EEOC...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

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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

Akerman LLP - HR Defense

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

Akerman LLP - HR Defense on

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

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

BakerHostetler on

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

Parker Poe Adams & Bernstein LLP

Supreme Court Requires Narrow Proof of EEOC Conciliation Efforts

Parker Poe Adams & Bernstein LLP on

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

Seyfarth Shaw LLP

Supreme Court Victory For Employers In Mach Mining v. EEOC

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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

Baker Donelson

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

Baker Donelson on

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

BakerHostetler

Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition

BakerHostetler on

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

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