News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Judicial Review

Orrick - Equal Pay Pulse

Ninth Circuit Issues A Second En Banc Decision Regarding Prior Salary Considerations In Rizo v. Yovino Re-Do

In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...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

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

Hinshaw & Culbertson LLP

Knock-Knock, Who’s There? The EEOC: When the EEOC Can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections. In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky...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

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Mintz - Employment, Labor & Benefits...

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

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

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

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds EEOC Investigation Not Subject to Review

Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”), that the District Court erred by...more

Seyfarth Shaw LLP

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

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In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Seyfarth Shaw LLP

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

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As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

Proskauer - Law and the Workplace

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...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

Fenwick & West LLP

Fenwick Employment Brief - May 2015

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EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...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

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

Akerman LLP - HR Defense

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

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

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

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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

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