News & Analysis as of

Discrimination › Conciliation

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 -
Constangy, Brooks, Smith & Prophete, LLP

EEOC's proposed Strategic Plan seems heavy on litigation, light on mediation

Constangy, Brooks, Smith & Prophete, LLP on

Comments being accepted thru Dec. 5. The U.S. Equal Employment Opportunity Commission has issued a draft Strategic Plan for 2022-26, and is inviting public comments through Monday, December 5....more

Jackson Lewis P.C.

EEOC Chair Praises Congress’ Move To Overturn New Conciliation Rule

Jackson Lewis P.C. on

The House of Representatives has joined the Senate in using the Congressional Review Act to overturn an Equal Employment Opportunity Commission (EEOC) conciliation rule that became effective February 16, 2021. The votes in...more

Jackson Lewis P.C.

Hotly Debated EEOC Conciliation Regulations Scheduled To Become Effective

Jackson Lewis P.C. on

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

Stinson - Government Contracting Matters

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

Stinson - Government Contracting Matters on

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

U.S. Equal Employment Opportunity Commission...

EEOC and Cumbres & Toltec Scenic Railroad Conciliate Disability Discrimination Charge

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

Heritage Railroad Failed to Adequately Assess Accommodation for Applicant, Federal Agency Charged - DENVER - Cumbres & Toltec Scenic Railroad (C&TS) has agreed to conciliate a disability discrimination charge with the...more

Littler

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

Proskauer - Government Contractor Compliance...

OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

Proskauer - Government Contractor Compliance... on

The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to...more

U.S. Equal Employment Opportunity Commission...

Meat Market San Juan Agrees to Conciliate EEOC Age Discrimination Investigation

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

SAN JUAN, P.R. - Meat Market San Juan, LLC, a steakhouse in San Juan, P.R., has agreed to pay a monetary amount to unsuccessful job applicants and to maintain a workplace free of discrimination to resolve an age...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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...

Greektown Casino Sued By EEOC For Disability Discrimination

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

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

U.S. Equal Employment Opportunity Commission...

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

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

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Owners of Happy Jack’s Casino For Disability Discrimination

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

Federal Agency Says Owners Rejected Applicant Because She Took Prescription Drugs For Her Medical Condition - SIOUX FALLS, S.D. - M.G. Oil Company, which operates Happy Jack's Casino in Sioux Falls, South Dakota,...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.

Constangy, Brooks, Smith & Prophete, LLP on

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

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

Foley Hoag LLP on

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

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

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