Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Can the EEOC Be Trusted to Police Its Own Compliance?
Under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. See 42 U.S.C. ' 2000(e)-5(f)(1). This conciliation process often works to the benefit of employers, the Commission, and the individuals whom it represents by affording them an opportunity to resolve their disputes without the need for protracted and costly litigation.
In some cases, however, the EEOC has approached conciliation in a “take-it-or-leave-it” manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer. Take, for example, EEOC v. Ruby Tuesday, Inc., where the EEOC demanded that a restaurant, which was the subject of a sexual discrimination charge, pay more than $6 million to resolve the matter, but gave the employer less than two weeks to accept before the EEOC rushed to the courthouse. 919 F. Supp. 2d 587 (W.D. Pa. 2013).
This month, the U.S. Supreme Court will hear oral argument in a closely watched case, Mach Mining, LLC v. EEOC (No. 13-1019), which poses the question of whether employers may challenge in court the EEOC's filing of a lawsuit on the basis that the Commission failed to attempt resolution in good faith. If the EEOC ' which argues that its compliance with its statutory obligation is immune from judicial review ' wins the day, then the Commission will be able to use the threat of litigation, and attendant reputational harm, as a cudgel to secure acquiescence to what may be unreasonable demands. If Mach Mining wins, employers will at least have recourse to judicial oversight to determine whether the Commission's conciliation efforts were made in good faith, which should help rein in overzealous EEOC officials.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?