News

Category: EEOC

EEOC's Defeat in Supreme Court Case Mach Mining, LLC v. EEOC

By Sandra Shinn
May 01, 2015 Category • EEOC

In recent news, the Equal Employment Opportunity Commission (EEOC) has made continuous headlines. The Commissions many lawsuits against employers have been under scrutiny, and more so, unsuccessful. The most recent case, Mach Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), went to the Supreme Court. On April 29th, the Court ruled against the EEOC, which was a devastating defeat for the Commission. The ruling was in a unanimous opinion that federal courts have the authority to review the EEOCs conciliation efforts (Seyfarth). Ultimately, the case is a significant win for employers. The notion that the EEOCs conciliation activities are beyond judicial review was rejected, citing that while the EEOC is given wide latitude in the conciliation process, they cannot ignore the process altogether (Seyfarth). Additionally, employers can now avoid litigation expenses by settling claims on reasonable terms before the EEOC files suit. This will alter the EEOCs litigation strategies since they must

Sixth Circuit Kaplan Decision on Credit Checks

By Sandra Shinn
April 28, 2014 Category • Equal Employment Opportunity Commission, EEOC, Credit Checks

On April 9th, the Equal Employment Opportunity Commission (EEOC) lost its case against Kaplan when the Sixth Circuit Court of Appeals ruled that using credit checks for pre-employment purposes did not discriminate against black applicants. Instead the court found that the EEOCs methodology for such results was flawed, containing unreliable scientific statistics. Furthermore their results failed each of the Daubert factors that the court uses to determine the validity of expert testimonies. When the court ruled in favor of Kaplan, they affirmed that the company did not have a disparate impact on Black applicants and that credit checks are vital to the job positions that allow access to student financial loan information. The courts decision rested in the fact that the EEOCs lawsuit contained no valid information or admissible expertise. To read more about the courts decision, please visit the link below: http://www.employmentlawspotlight.com/2014/04/sixth-circuit-delivers-knockout-t