On June 30, 2021, President Biden signed a joint resolution narrowly passed by Congress to repeal a Trump-era rule that would have increased the EEOC’s information-sharing requirements during the statutorily mandated conciliation process.
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Conciliation
EEOC’s Proposed New Procedures May Enhance Value of Conciliation
A proposed rule published by the Equal Employment Opportunity Commission on October 9, 2020 offers the possibility of expanded information-sharing with respondents/employers in connection with the agency’s conciliation efforts. The proposed expanded disclosures may enhance the value of conciliation to those parties.
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District Court Finds In Mach Mining That The EEOC Did Not Fail To Conciliate
We previously reported on the U.S. Supreme Court’s decision in Mach Mining, LLC v. EEOC, 135 S.Ct. 1645 (2015), wherein the Court held that a court may review the EEOC’s conciliation efforts. On remand, the EEOC renewed its motion for partial summary judgment on Mach Mining’s failure to conciliate affirmative defense. On January 19, 2016, the U.S. District Court for the Southern District of Illinois granted the motion, finding that the Supreme Court had expressly rejected Mach Mining’s position that it is entitled to receive demand calculations and additional information during the conciliation process. EEOC v. Mach Mining, LLC, No. 11-cv-00879, 2016 BL 13454 (Jan. 19, 2016).
Continue Reading District Court Finds In Mach Mining That The EEOC Did Not Fail To Conciliate
Supreme Court Provides for Judicial Review of EEOC’s Conciliation Efforts
The Supreme Court’s decision in Mach Mining, LLC v. EEOC provides for judicial review with respect to the EEOC’s conciliation efforts in claims of unlawful discrimination against an employer.
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Supreme Court Grants Certiorari in Mach Mining LLC v. EEOC to Consider “Failure to Conciliate” Affirmative Defense
On June 30, 2014, the United States Supreme Court granted Mach Mining LLC’s petition for writ of certiorari, agreeing to take up the question of whether and to what extent courts may enforce the Equal Employment Opportunity Commission’s (“EEOC”) duty to conciliate a case prior to bringing a lawsuit.
Continue Reading Supreme Court Grants Certiorari in Mach Mining LLC v. EEOC to Consider “Failure to Conciliate” Affirmative Defense
Lawmakers Express Concerns Regarding EEOC’s Failure to Engage in Meaningful Conciliation Efforts
In a budget report released by the House Appropriations Committee on May 8, 2014, lawmakers expressed their concern with “the EEOC’s pursuit of litigation absent good faith conciliation efforts.”…
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EEOC Stung by $5 Million Fee Award For Failing to Adequately Investigate or Engage in Good Faith Conciliation
In an order issued on February 9, 2010, a United States District Judge in Iowa sent a stark reminder to the EEOC that its statutory obligations to investigate and conciliate Title VII claims are not to be ignored. More than three years after the EEOC filed its complaint alleging systemic sex harassment, the court, in its February 9 order, awarded Defendant CRST Van Expedited, Inc. ("CRST") $4.5 million in attorneys’ fees and $460,000.00 in expenses as a prevailing party, following a finding that the EEOC abandoned its statutory obligations under Title VII.Continue Reading EEOC Stung by $5 Million Fee Award For Failing to Adequately Investigate or Engage in Good Faith Conciliation