By Gerald L. Maatman Jr. and Howard M. Wexler
On April 1, 2015 the EEOC’s New York District Office issued a Determination finding probable cause to believe that the City of New York’s Department of Citywide Administrative Services (“DCAS”) violated Title VII and the Equal Pay Act based on its “pattern of wage suppression and subjective promotion based on…sex, race,
Continue Reading EEOC Issues Probable Cause Determination Against New York City To The Tune Of $246 million
This morning the U.S. Supreme Court heard oral arguments in Mach Mining v. EEOC.
Mach Mining v. EEOC may be one of the most important cases on EEOC litigation issues in years. The stakes are high for employers and workers alike (see pre-argument media reports here).
The precise issue the case presents is
Continue Reading U.S. Supreme Court Hears Oral Argument In Mach Mining v. EEOC
By Christopher DeGroff, Matthew Gagnon, and Gerald L. Maatman, Jr.
Every year at this time we like to offer our loyal readers a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, entitled EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015 is set for distribution in
Continue Reading 2014’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)
This afternoon six advocacy groups representing the interests of workers and plaintiffs’ class action lawyers filed an amicus brief with the U.S. Supreme Court in Mach Mining v. EEOC, No. 13-1019. A copy is here. Authored by the Civil Rights Clinic of the Dickinson School of Law and The Impact Fund, the amicus
Continue Reading Amicus Filed Today In Support Of The Government’s Position In Mach Mining v. EEOC
By Gerald L. Maatman, Jr. and Rebecca Bjork
Yesterday evening the U.S. Equal Employment Opportunity Commission filed its Reply Brief with the U.S. Supreme Court in Mach Mining v. EEOC, Case No. 13-1019. It draws the battle lines for the upcoming oral argument before the SCOTUS in January of 2015. Given the importance of this case and the issue presented,
Continue Reading 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
By Gerald L. Maatman Jr. and Howard M. Wexler
As we previously blogged about, most recently here, the U.S. Supreme Court’s decision to grant certiorari in Mach Mining, LLC v. EEOC (No. 13-1019) could be a game changer in EEOC-related litigation. In Mach Mining, the Seventh Circuit ruled that an alleged failure to conciliate is not an affirmative defense
Continue Reading Court Finds EEOC Satisfied “Low Hurdle” Of Pre-Suit Conciliation As Employers Anxiously Await Supreme Court’s Future Mach Mining Decision
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Rebecca S. Bjork
We have been following developments in an important case regarding judicial review of the EEOC’s statutory obligations to try and resolve discrimination complaints in conciliation before filing suit. Today, the Supreme Court decided to take up consideration of this issue, granting certiorari in Mach Mining, LLC
Continue Reading SCOTUS Agrees To Consider Scope Of The EEOC’s Statutory Duty To Conciliate
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On June 2, 2014, Mach Mining filed its Reply in support of its Petition for a writ of certiorari from the U.S. Supreme Court in EEOC v. Mach Mining, Case No. 13-1019 (U.S. June 2, 2014).
In a game-changing decision, in December 2013, the Seventh Circuit ruled that an alleged
Continue Reading Mach Mining Gets Last Word At The SCOTUS In Its Quest For Clarification Of EEOC’s Conciliation Obligations
By Christopher DeGroff and Julie Yap
Over the past year, the EEOC has been under fire for its failure to conciliate with employers before filing a case in federal court. Conciliation is a mandatory step the EEOC must take and employers view it as is an essential function of the agency. Conciliation goes to the core of the EEOC’s underlying
Continue Reading Bass Pro Conciliation Decision Could Open A Can Of Worms For Both EEOC And Employers
By Christopher DeGroff, Gerald L. Maatman, Jr., and Howard M. Wexler
The Seventh Circuit just gave the EEOC a very generous present this holiday season. In what is truly a game changing decision published last night, the Seventh Circuit ruled EEOC v. Mach Mining, No. 13-2456 (7th Cir. Dec. 20, 2013), that an alleged failure to conciliate
Continue Reading Seventh Circuit Gives Employers A Lump of Coal And Says Bye-Bye To Failure To Conciliate Defense
