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Purveyor

(29,876 posts)
Wed Apr 29, 2015, 12:34 PM Apr 2015

Supreme Court Backs Companies in EEOC Job-Bias Clash

Source: Bloomberg

Apr 29, 2015 10:05 AM EDT

The U.S. Supreme Court gave companies a new legal tool in fighting job-bias suits by the Equal Employment Opportunity Commission, saying judges should decide whether the agency took steps to resolve the case before suing.

Ruling unanimously in favor of a mining company accused of refusing to hire a woman, the justices said courts have power to enforce the requirement that the EEOC try to conciliate disputes.

Justice Elena Kagan said the court review would be “relatively barebones,” primarily ensuring that the agency notified the employer and gave it a chance to make voluntary changes in its practices.

Even so, the ruling is a setback for the Obama administration, which argued that any judicial review was unnecessary and would undermine the EEOC’s enforcement of federal job-discrimination laws. Corporate trade groups say the EEOC has increasingly ignored the conciliation requirement while pursuing an aggressive litigation strategy.

Read more: http://www.bloomberg.com/politics/articles/2015-04-29/u-s-supreme-court-backs-companies-in-eeoc-job-bias-clash

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Supreme Court Backs Companies in EEOC Job-Bias Clash (Original Post) Purveyor Apr 2015 OP
makes sense melm00se Apr 2015 #1

melm00se

(4,989 posts)
1. makes sense
Wed Apr 29, 2015, 01:17 PM
Apr 2015

it makes no sense to jump to litigation when there are other potential remedies which could have the same effect as a suit.

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