April 29, 2015

Supreme Court Slams Brakes on EEOC Lawsuits

Posted in Alternative Dispute Resolution, Conciliation, Discrimination, EEOC Conciliation, Title VII of the Civil Rights Act of 1964 tagged , , , , at 3:57 pm by Tom Jacobson

IMG_5578The United States Supreme Court today slammed the brakes on lawsuits started by the Equal Employment Opportunity Commission. Specifically, the Court ruled that because the EEOC has a statutory duty to attempt conciliation before suing, the courts have authority to review whether the EEOC has fulfilled that duty. Giving courts the authority to review EEOC conciliation should stifle what some believed was the EEOC’s overly zealous litigation strategy.

The case is Mach Mining, LLC v EEOC, which started as a Title VII sex discrimination charge against the company. During its investigation, the EEOC found probable cause to believe that discrimination had occurred. The agency then invited the company to participate in conciliation to resolve the dispute. The agency also said that a representative would contact them to start the process. A year later the EEOC sent another letter saying that conciliation had been unsuccessful. The EEOC then sued the company.

In response to the lawsuit, Mach Mining argued that the EEOC had not attempted to conciliate in good faith before suing them. This argument was based on Title VII’s requirement that before suing, the EEOC must “endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.”

The EEOC countered by arguing that the courts do not have the power to decide whether or not the agency makes such an effort. The agency also argued that even if the courts have that power, its two letters to Mach Mining met that standard.

The Court agreed with Mach Mining and held that the courts have the authority to review whether or not pre-suit conciliation was adequate. Specifically, the Court noted that:

Judicial review of administrative action is the norm in our legal system, and nothing in Title VII withdraws the courts’ authority to determine whether the EEOC has fulfilled its duty to attempt conciliation of claims.

The Court then went on to establish a judicial process for making this determination:

  • A sworn affidavit from the EEOC stating that it has performed its conciliation obligations but that its efforts have failed will usually suffice to show that it has met the conciliation requirement.
  • If the employer then provides credible evidence of its own, in the form of an affidavit or otherwise, indicating that the EEOC did not provide the requisite information about the charge or attempt to engage in a discussion about conciliating the claim, a court must conduct the fact-finding necessary to decide that limited dispute.
  • Should the court find in favor of the employer, the appropriate remedy is to order the EEOC to undertake the mandated efforts to obtain voluntary compliance.

By adding this level of judicial oversight to the EEOC charge process, those faced with Title VII discrimination charges should now have greater assurance that the EEOC will work harder to resolve those charges informally before rushing to the courthouse.

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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April 17, 2015

Registration Open for Twelfth Annual West Central MN Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , , at 9:19 am by Tom Jacobson

attorney Tom Jacobson alexandria mn

Tom Jacobson

Registration is now open for the Twelfth Annual West Central Minnesota Employment Law Update to be held Thursday, June 11, 2015. The event is sponsored by West Central Minnesota SHRM, and it will be held at Alexandria Technical and Community College.

The morning session is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg, Sara McGrane and Penelope Phillips. Topics for this year’s event will include:

  • An update on significant employment law developments since last year’s event
  • How to apply the myriad of leave / time off entitlements required by Minnesota law
  • What to do when the ADA, FMLA and worker’s compensation collide due to an employee’s medical condition
  • Legal traps in recruiting

The afternoon session will feature award-winning speaker Andy Masters. Masters is an award-winning author and international speaker who provides attendees with not only a memorable multi-media experience, but also immediate “take-home” value for all levels of HR leadership to help them develop and empower a workforce of future leaders.

Click on the following links for more information and the registration form:

Comments from prior years:

  • “Great event!”
  • “Excellent – would highly recommend!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

Contact me at taj@alexandriamnlaw.com or 320-763-3141 if you need more information. We hope you can join us on June 11!

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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