Jason Habinsky in the National Law Journal: Employers Win Limited Review of EEOC Settlement Efforts


In a limited win for employers, the U.S. Supreme Court on Wednesday ruled that federal judges can review efforts made by the Equal Employment Opportunity Commission to conciliate disputes before they go to court. 

Justice Elena Kagan, writing for a unanimous court in Mach Mining v. EEOC, said the commission has “extensive discretion” over how it conducts conciliation, but that the law gives courts the power to conduct a “narrow” review over its pre-litigation attempts to settle the case...

Jason Habinsky, a labor and employment partner at Haynes and Boone, described the Supreme Court decision as “at least a small victory” for employers. “An employer now has a Supreme Court-tested defense that it may raise in a lawsuit brought against it by the EEOC,” Habinsky said. But, he added in a statement, “the standard of review set forth by the Supreme Court likely has tempered any celebration.”

Excerpted from the National Law Journal. To read the full article, click here (subscription required).

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