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The Court’s Decision in Mach Mining Undermines the EEOC’s Ability to Address Systemic Discrimination
Hamilton and Griffin on Rights (2015)
  • Angela D. Morrison
Abstract
On Wednesday, the Court issued its unanimous opinion in Mach Mining, LLC v. EEOC. The Court vacated and remanded the Seventh Circuit’s decision, which had found that the EEOC’s conciliation efforts are not subject to judicial review. Instead, Justice Kagan, writing for the Court, announced the EEOC’s conciliation efforts are subject to a “relatively barebones review.” The decision provided guidance to lower courts in reviewing the EEOC’s conciliation efforts in two respects: (1) the scope of review is limited to whether the EEOC communicated “what the employer has done and which employees (or what class of employees) have suffered as a result” and whether “the EEOC afford[ed] the employer a chance to discuss and rectify a specified discriminatory practice;” and (2) if the district court determines the EEOC failed in its duty it should stay the proceedings to allow the employer and the EEOC to engage in conciliation.
Publication Date
May 5, 2015
Citation Information
Angela D. Morrison. "The Court’s Decision in Mach Mining Undermines the EEOC’s Ability to Address Systemic Discrimination" Hamilton and Griffin on Rights (2015)
Available at: http://works.bepress.com/angela_morrison/53/