Mach Mining Is More Than Meets The Eye For Employers

Law360, New York (May 4, 2015, 11:34 AM EDT) -- On April 29, in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission, the U.S. Supreme Court ruled that the EEOC's alleged failure to engage in sufficient conciliation efforts is subject to judicial review, although the scope of a court's review is narrow and the commission's discretion to determine the manner and content of its pre-suit conciliation efforts is broad.

Justice Elena Kagan, writing for the unanimous court, underscored the authority granted the EEOC under Title VII to determine the means of its mandatory pre-suit conciliation efforts and its absolute authority to decide on its own whether to make an agreement with an employer or resort to litigation....

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