News & Analysis as of

Discrimination Mining

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 -
Morrison & Foerster LLP

UK Companies Responsible For Business And Human Rights Violations Overseas

English courts have been busy passing judgment on UK companies that have allegedly violated business and human rights (BHR) obligations overseas. UK businesses (or large corporations with a presence in the UK) with operations...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

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

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mach Mining, LLC v. EEOC

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

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

Justices Give Courts Authority to Review EEOC Conciliation Efforts

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

Miller Canfield

EEOC’s Conciliation Efforts Subject to Limited Judicial Review

Miller Canfield on

The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation. In its unanimous opinion in Mach Mining, LLC...more

Sherman & Howard L.L.C.

Supreme Benchslap for EEOC

Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more

U.S. Equal Employment Opportunity Commission...

Supreme Court Decision is Step Forward for Victims of Discrimination

In a unanimous decision, the U.S. Supreme Court held today that courts may only conduct a "relatively bare-bones review" of the EEOC's conciliation efforts. "Today's decision puts the focus of the EEOC and the courts...more

Fisher Phillips

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

Fisher Phillips on

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

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