Jason Habinsky in Law360: High Court To Weigh EEOC Presuit Conciliation Efforts


The U.S. Supreme Court is set to hear arguments Tuesday about whether judges can review the EEOC's required presuit conciliation efforts, in a high­stakes lawsuit closely watched by employers who complain that the agency is too aggressive and worker advocates who say judicial review would undermine Title VII ...

“It's going to determine whether the agency has any accountability with respect to the conciliation process,” said Jason Habinsky, a Haynes and Boone LLP partner.

The significance of the question presented in the Mach Mining case wasn't lost on the EEOC, which backed Mach Mining's Feb. 25 bid for Supreme Court review even though it said the Seventh Circuit was right. The Supreme Court accepted the case on June 30 ...

“It's going to be interesting to see which way the Supreme Court goes, and how Congress is going to react,” Habinsky said.

Excerpted from Law360. To read the full article, click here (subscription required).

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