Jason Habinsky in Politico: EEOC Welcomes Mach Mining Decision


The Equal Employment Opportunity Commission said it welcomed the Supreme Court’s decision yesterday ruling that courts may review the agency’s conciliation process in Mach Mining v. EEOC. Under Title VII the EEOC must attempt conciliation before filing any lawsuit. But whether the courts had authority to review such conciliation efforts was a question that divided the lower circuits. Putting on a brave face, EEOC General Counsel P. David Lopez called the decision “great news for victims of discrimination.”

Well, maybe. The scope granted the courts to second-guess the EEOC was fairly narrow. Jason Habinsky, a labor and employment partner at Haynes and Boone, said that the decision was “not what most employers were hoping for,” and left some room for interpretation. He noted that the high court “suggested in their opinion that the EEOC could simply provide an affidavit to a court” as evidence of conciliation.

Excerpted from Politico.com. To read the full article, click here

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