The Supreme Court's Decision in Mach Mining v. EEOC and its Implications for EEOC's Presuit Process and Litigation
Program Number: 2514
Presenter: Eric S. Dreiband, Esq.
Title VII of the Civil Rights Act of 1964 requires the Equal Employment Opportunity Commission to comply with a multi-step administrative process before it may bring a lawsuit. This process includes the filing of a charge of discrimination; notice of the charge to a respondent, which is usually an employer or a union; an investigation; a determination about whether reasonable cause exists to believe a violation occurred; and if the Commission finds reasonable cause, it must endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. On April 29, 2015, the Supreme Court of the United States decided Mach Mining, LLC v. EEOC and rejected the Commission's claim that its conciliation process is not subject to judicial review. Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, discusses the Commission's administrative enforcement efforts, its litigation programs, judicial review