News & Analysis as of September 18, 2024

Supreme Court of the United States › Mach Mining v EEOC

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Revised EEOC conciliation process a win for employers

McAfee & Taft on 2/23/2021

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

EEOC Publishes Final Conciliation Rule

U.S. Equal Employment Opportunity Commission... on 1/12/2021

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

2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

Seyfarth Shaw LLP on 1/3/2017

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

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

Seyfarth Shaw LLP on 8/30/2016

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

The “Duty To Conciliate” Doesn’t Mean The EEOC Has To Be Reasonable.

Constangy, Brooks, Smith & Prophete, LLP on 6/17/2016

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

California Employment Law Notes - May 2016

Proskauer - California Employment Law on 5/11/2016

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

EEOC Not Required to Conciliate Class Claims On an Individual Basis

Parker Poe Adams & Bernstein LLP on 4/5/2016

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

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

Seyfarth Shaw LLP on 4/5/2016

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

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

Seyfarth Shaw LLP on 2/25/2016

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

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

Seyfarth Shaw LLP on 1/26/2016

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

EEOC’s Request For Another Bite Of The Apple Rejected At “Mach Speed”

Seyfarth Shaw LLP on 12/17/2015

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

SCOTUS Didn’t Eat EEOC’s Homework

Sherman & Howard L.L.C. on 12/17/2015

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

Supreme Court To Review CRST Attorneys’ Fee Award Against EEOC

Constangy, Brooks, Smith & Prophete, LLP on 12/10/2015

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

Employment Law - November 2015

Manatt, Phelps & Phillips, LLP on 11/13/2015

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

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 11/10/2015

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

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

Seyfarth Shaw LLP on 10/30/2015

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

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

Mintz - Employment, Labor & Benefits... on 10/26/2015

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

Second Circuit Will Not Review Adequacy of EEOC Investigation

Parker Poe Adams & Bernstein LLP on 10/19/2015

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

Employment Law - October 2015

Manatt, Phelps & Phillips, LLP on 10/5/2015

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

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

Seyfarth Shaw LLP on 10/2/2015

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

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

Fisher Phillips on 8/7/2015

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more

Court Shoots Down The EEOC At “Mach” Speed Based On “Sham” Conciliation Process

Seyfarth Shaw LLP on 7/7/2015

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

A Review of the Supreme Court’s 2014 - 2015 Term

Franczek P.C. on 7/2/2015

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

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...

Spilman Thomas & Battle, PLLC on 6/15/2015

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

SuperVision Today - May 2015

Spilman Thomas & Battle, PLLC on 6/1/2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

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Supreme Court of the United States › Mach Mining v EEOC

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