News & Analysis as of

Mach Mining v EEOC

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

Jackson Lewis P.C.

Hotly Debated EEOC Conciliation Regulations Scheduled To Become Effective

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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

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

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on EEOC

New EEOC Conciliation Process Promotes Even Playing Field for Employers - The U.S. Equal Employment Opportunity Commission (EEOC) has published a new proposed rule that would update the Commission’s conciliation process...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

Seyfarth Shaw LLP

Taking The EEOC At Its Word: Court Relies On Agency’s Own Declaration In Granting Summary Judgment

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Seyfarth Synopsis: Court granted EEOC’s partial motion for summary judgment on issue of pre-suit conciliation, finding that a declaration submitted by an EEOC official was sufficient evidence to show that the EEOC satisfied...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

“We Don’t Want To Pay $4.7 Million” – EEOC Files Its Supreme Court Brief in CRST Fee Sanction Case

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As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more

Zelle  LLP

Employment Law Navigator – Week in Review: January 2016 #4

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The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

2015’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

Seyfarth Shaw LLP on

We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys Fees

Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...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

Sherman & Howard L.L.C.

SCOTUS Didn’t Eat EEOC’s Homework

Sherman & Howard L.L.C. on

Less than two weeks ago, the U.S. Supreme Court agreed to hear a case in which the trial court awarded attorneys’ fees against the EEOC for some $4.7 million. (SCOTUS Benchslap For EEOC On the Way?) While the case is now...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

Manatt, Phelps & Phillips, LLP

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...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...

Franczek P.C. on

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

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

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