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Conciliation Supreme Court of the United States

McAfee & Taft

Revised EEOC conciliation process a win for employers

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Last month, the Equal Employment Opportunity Commission published a new rule affecting its own processes for dealing with employers under investigation. The conciliation process, which is statutorily mandated, occurs after...more

U.S. Equal Employment Opportunity Commission...

EEOC Publishes Final Conciliation Rule

Final Rule Sent to Federal Register for Official Publication - WASHINGTON – The U.S. Equal Employment Opportunity Commission’s (EEOC) today forwarded to the Federal Register its final rule updating the agency’s...more

Seyfarth Shaw LLP

2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

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We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and...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

Constangy, Brooks, Smith & Prophete, LLP

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

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

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Parker Poe Adams & Bernstein LLP

EEOC Not Required to Conciliate Class Claims On an Individual Basis

In last year’s Mach Mining decision, the U.S. Supreme Court unanimously held that the Equal Employment Opportunity Commission is required to attempt to settle (“conciliate”) discrimination claims before bringing suit against...more

Seyfarth Shaw LLP

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

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In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action...more

Seyfarth Shaw LLP

Mach Mining Part 3: Supreme Court Gem Resurfaces In Southern District Of Illinois

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Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing...more

Seyfarth Shaw LLP

EEOC’s Request For Another Bite Of The Apple Rejected At “Mach Speed”

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We have previously blogged about the impact of the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015). As we predicted, the true impact of Mach Mining will not be known until...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court To Review CRST Attorneys’ Fee Award Against EEOC

The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys’ fee award for trucking company CRST Van Expedited, Inc. The Equal...more

Franczek P.C.

Relying on the Supreme Court’s Ruling in Mach Mining, Illinois Court Holds that the Sufficiency of an EEOC Investigation is not...

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As we have previously reported, the U.S. Supreme Court held earlier this year in EEOC v. Mach Mining, 135 S.Ct. 1645 (2015) that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC)...more

Seyfarth Shaw LLP

Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

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We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more

Parker Poe Adams & Bernstein LLP

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

Fisher Phillips

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

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In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more

Seyfarth Shaw LLP

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

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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

Spilman Thomas & Battle, PLLC

The Supreme Court Holds the EEOC’s Feet to the Fire, but Not That Closely: The Court in Mach Mining Affirms the EEOC’s Obligation...

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., requires that the Equal Employment Opportunity Commission (“EEOC”) engage in informal conciliation efforts after it finds reasonable cause to support a...more

Spilman Thomas & Battle, PLLC

SuperVision Today - May 2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

Manatt, Phelps & Phillips, LLP

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

McGuireWoods LLP

Supreme Court Concludes EEOC Conciliation Efforts Subject to Judicial Review

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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

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?

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

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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

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