Jason Habinsky in Forbes: EEOC Must Try To Resolve Complaints Before Suing, Supreme Court Says

04/30/2015

The U.S. Supreme Court gave employers a small measure of relief when it ruled that the Equal Employment Opportunity Commission must at least try to resolve complaints before lobbing lawsuits at companies it accuses of discrimination...

“The important issue  here is how much discretion a court has to review the conciliation process,” said Jason Habinsky, a partner with Haynes & Boone in New York who focuses on employment disputes. “The way it used to work the EEOC could essentially do what it wanted.”

...[The EEOC] must notify the employer of the specific allegations in the complaint and make an attempt to resolve it, either through meetings or letters. An affidavit attesting to those measures should be enough for most courts, Kagan wrote, but if the employer wants to present its own evidence of non-compliance a court must conduct its own factfinding on the matter.

“It’s a small victory,” Habinsky said. “The Supreme Court is suggesting something has to happen. Doesn’t have to be reasonable, doesn’t even have to be in good faith, just something.”

Excerpted from Forbes. To read the full article, click here.

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