EEOC Backs High Court Cert Bid In Mach Mining Fight

Law360, New York (May 27, 2014, 5:57 PM EDT) -- The U.S. Equal Employment Opportunity Commission urged the nation's highest court Tuesday to grant a petition for review from Mach Mining LLC and resolve a circuit split by ruling that judges cannot second-guess the anti-discrimination watchdog's mandatory presuit efforts to conciliate bias claims. 

The EEOC responded to Mach Mining's Feb. 25 petition for certiorari by saying because the dispute centered on an issue of substantial importance that has divided federal appeals courts, the U.S. Supreme Court should take the case even though the Seventh Circuit decision Mach Mining is challenging “correctly” sided with the agency.

Whether employers can use the argument...

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