Jason Habinsky in HR Magazine: High Court Reaches Compromise on Reviewability of EEOC Conciliation Efforts


Courts may review the efforts of the Equal Employment Opportunity Commission (EEOC) to settle discrimination charges before filing a lawsuit under Title VII of the 1964 Civil Rights Act, but the scope of that review is extremely limited, the U.S. Supreme Court unanimously ruled April 29, 2015 (Mach Mining LLC v. EEOC, No. 13-1019).

In a partial victory for employers, the court reversed a 7th U.S. Circuit Court of Appeals decision that a court may not examine the EEOC’s pre-suit conciliation efforts once the agency states that it offered the employer conciliation and the parties failed to reach an agreement acceptable to the commission...

So, what does this mean in practical terms? “The Supreme Court says it doesn’t really matter what happens during conciliation as long as there was some attempt at conciliation,” according to Jason Habinsky, an attorney with Haynes and Boone in New York City. But this means that if an employer is faced with an EEOC charge, “it will at least be given an opportunity to resolve it before having to engage in expensive litigation,” he said.

Excerpted from HR Magazine. To read the full article, click here.

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