The Supreme Court heard arguments yesterday in a case, Mach Mining v EEOC, that questions what review the federal courts must give to EEOC's settlement efforts before it files suit to correct discrimination. Federal law requires EEOC to undertake a settlement or conciliation process before it files a discrimination suit. Mach Mining complains that EEOC didn't do enough to try and settle the case before it filed suit, and, it would follow, the employer should get away with continuing to discriminate, in this case, to discriminate against women.
There is coverage in the New York Times, Supreme Court Seeks Compromise on Equality Cases; the Washington Post, Justices Push Back on Whether Judicial Review Is Needed; and at SCOTUSBlog, by Julie Goldschied of CUNY Law School.
My own experience is that the EEOC conciliation process is often ignored or stone-walled by the employer, who makes no effort to settle the case or even declines completely to participate in the conciliation process. It is a comment on the pro-business tilt of the the federal courts (and also their overall lack of work) that this case is in the Supreme Court.
Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in discrimination cases in state and federal courts; contact him at 859-254-7076.
