Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Mach Mining, LLC v. EEOC:</i></b> The Supreme Court Approves Limited Review of EEOC's Conciliation Efforts
Title VII of the Civil Rights Act of 1964 requires the Equal Employment Opportunity Commission (EEOC) to try to conciliate claims that an employer has engaged in an unlawful employment practice before the EEOC files suit. Last April, in Mach Mining, LLC v. Equal Employment Opportunity Commission, 135 S. Ct. 1645 (2015), the Supreme Court held that the defendant in a lawsuit brought by the EEOC may raise the agency's failure to engage in conciliation as a defense. It reversed a decision by the U.S. Court of Appeals for the Seventh Circuit, which had held ' contradicting other circuits ' that the EEOC's conduct of the conciliation process is not judicially reviewable.
The Supreme Court made clear, however, that the standard under which courts may review the EEOC's conciliation efforts is very deferential. It cautioned that courts should not probe the EEOC's methods or the substance of its positions, but should determine only whether the agency notified the defendant of the alleged violation and attempted conciliation. It also stated that the appropriate remedy for a failure to conciliate is a stay of litigation, not dismissal of the action. Thus, although the prospect of judicial review may help ensure that the EEOC comes to the table to negotiate before filing suit, the failure of conciliation is unlikely in the future to provide a meaningful defense in litigation except in very narrow circumstances.
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
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.