The Supreme court ruled unanimously last week that federal judges may review efforts by the Equal Employment Opportunity Commission to “attempt conciliation” of discrimination charges, before it can sue employers.
In Mach Mining v. EEOC, the high court also said that, upon receiving credible evidence that the agency had not tried to settle the case, a lower court could order it to resume such efforts.
But the court categorically rejected plaintiff demands that the agency submit to bargaining, along the lines of what is required by the National Labor Relations Act.
“We hold that a court may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing suit,” Justice Elena Kagan wrote for the court. “But we find that the scope of that review is narrow, thus recognizing the EEOC’s extensive discretion to determine the kind and amount of communication with an employer appropriate in any given case.”
The opinion also said that, in addition to informing employers about specific allegations, the EEOC must try to engage them in some form of discussion, “so as to give the employer an opportunity to remedy the allegedly discriminatory practice,” and that the agency could provide a sworn affidavit to that effect.
The EEOC had alleged Mach Mining never hired a female miner since opening in 2006 despite receiving applications from qualified women, according to a report by the Associated Press.
A federal judge agreed to review whether the EEOC’s attempt to settle the case was “sincere and reasonable,” but the government objected. The 7th U.S. Circuit Court of Appeals reversed, saying a company could not raise ineffective settlement effort as a defense, the AP said.
“Judicial review of those requirements (and nothing else) ensures that the Commission complies with the statute,” the high court wrote in its opinion. “At the same time, that relatively barebones review allows the EEOC to exercise all the expansive discretion Title VII gives it to decide how to conduct conciliation efforts and when to end them.”
