News & Analysis as of

Judicial Review Equal Employment Opportunity Commission (EEOC) Title VII

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)

Seyfarth Shaw LLP on

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

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

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

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

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP on

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

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

Sands Anderson PC on

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

Seyfarth Shaw LLP on

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

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

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

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

Orrick - Employment Law and Litigation

Is the EEOC Rushing Your Company to Court? SCOTUS Says Not So Fast

The U. S. Supreme Court unanimously ruled on April 29 that courts can review whether the EEOC has satisfied its obligation under Title VII to conciliate before running to court. Title VII dictates that when the EEOC believes...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

Genova Burns LLC

Supreme Court: The EEOC Must Answer For Its Efforts To Conciliate

Genova Burns LLC on

On Wednesday, April 29, 2015, the United States Supreme Court unanimously held that courts may review whether the United States Equal Employment Opportunity Commission (“EEOC”) fulfilled its obligations to engage in...more

Dorsey & Whitney LLP

Supreme Court Requires Review Of EEOC Conciliation Effort

Dorsey & Whitney LLP on

Before suing an employer for discrimination, the Equal Employment Opportunity Commission (“EEOC”) must try to remedy unlawful workplace practices through informal methods of conciliation. The EEOC sued Mach Mining in federal...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide