The U.S. Supreme Court recently ruled on Mach Mining v. EEOC, No. 13-1019. We have blogged extensively about this case previously – here, here, here, here, here, here, here, here, here, here, here, here, here, here, and here. To recap, this case was initially brought by the EEOC, in which it claimed that Mach Mining had a pattern or practice of not hiring women for mining-related positions, or, in the alternative, maintaining a neutral hiring policy that has a disparate impact on women. The company asserted a number of affirmative defenses, including that the EEOC failed to conciliate in good faith before initiating litigation. The EEOC argued that its conciliation activities not subject to judicial review.
The Supreme Court deliberated on whether the EEOC satisfied its statutory obligation to attempt conciliation before filing suit, and whether its conciliation efforts are judicially reviewable by courts. On April 29, 2015, the Supreme Court issued its long-awaited decision and concluded – in an unanimous opinion authored by Justice Kagan – that federal courts have the authority to review the EEOC’s conciliation efforts.
Our blog editor, Gerald L. Maatman, Jr. (tweet him @g_maatman) discusses the SCOTUS decision and his take on what to expect from the EEOC and implications for employers going forward with Colin O’Keefe from LXBN TV (@LXBN) and Rick Bell from Workforce (@Workforcenews) in the videos below.
For more information on Mach Mining v. EEOC, our readers should check out the following posts:
- Supreme Court Backs Companies in EEOC Clash – Claims Journal
- High Court Ruling Won’t End Fights Over EEOC Conciliation – Law 360
- Supreme Court: EEOC Must Try Conciliation with Businesses Before Litigation – Insurance Journal
- Supreme Court ‘Mach Mining’ Decision a Win for Employers – Corp Counsel
- Supreme Court Victory For Employers Today In Mach Mining v. EEOC – EEOC Year-End Countdown Blog
- Supreme Court Victory For Employers Today In Mach Mining v. EEOC
- S. Supreme Court Hears Oral Argument In Mach Mining v. EEOC
- Last Brief Filed Today With The SCOTUS In Mach Mining Case
- Amicus Filed Today In Support Of The Government’s Position In Mach Mining v. EEOC
- The EEOC’s Most Important Brief Of The Year Filed With The U.S. Supreme Court – The Lines Are Drawn In The Mach Mining Appeal
- Déjà Vu All Over Again: EEOC’s Fiscal Year-End Lawsuit Blitz Once Again Catches Dozens Of Employers In Litigation Net
- The Defense Amicus Briefs Submitted To The SCOTUS In EEOC v. Mach Mining
- Court Finds EEOC Satisfied “Low Hurdle” Of Pre-Suit Conciliation As Employers Anxiously Await Supreme Court’s Future Mach Mining Decision
- SCOTUS Agrees To Consider Scope Of The EEOC’s Statutory Duty To Conciliate
- Mach Mining Gets Last Word At The SCOTUS In Its Quest For Clarification Of EEOC’s Conciliation Obligations
- EEOC Urges U.S. Supreme Court To Affirm That Its Conciliation Efforts Are Not Reviewable
- “The EEOC Talks” – Perspectives From Today’s ACI Program
- Seventh Circuit Gives Employers A Lump of Coal And Says Bye-Bye To Failure To Conciliate Defense
- The EEOC Continues Fight To “Shut Down” Judicial Review Of Conciliation Process
- Saying Good-Bye To The Failure To Conciliate Defense? – Seventh Circuit Set To Decide Whether The Courts Have Any Power To Review EEOC Conciliations
Don’t forget to reserve your copy of the 2015 Annual Workplace Class Action Litigation Report and the EEOC-Initiated Litigation: Case Law Development In 2014 And Trends To Watch For In 2015 today!
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Readers can also find this post on our Workplace Class Action blog here.