EEOC Conciliation Efforts: Reviewability – Truth & Consequences for Employers in 2015 & Beyond
Federal laws prohibit small businesses and other employers from discriminating in employment. When this happens, an employee or applicant may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
Title VII of the Civil Rights Act of 1964 imposes a duty on the EEOC to attempt conciliation of a discrimination charge prior to filing suit. In Conciliation, the EEOC negotiates with the employee and the employer for a mutually agreeable remedy to the alleged violation. Once the EEOC determines that Conciliation has “failed”, it may file suit against the employer in federal court.
In April 2015, the U.S. Supreme Court in Mach Mining, LLC. v. EEOC reversed a 7th Circuit Court of Appeals decision that a court may not examine the EEOC’s pre-suit conciliation actions once the agency has offered the employer conciliation and the parties failed to reach an agreement. Giving deference to the expansive discretion given to the EEOC under Title VII, the Supreme Court nevertheless found that narrow judicial review is permitted to verify the EEOC’s compliance with the law. Hence, facing an EEOC charge, an employer’s opportunity to resolve it before facing expensive litigation may be enhanced.
In this two-hour, LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will review and discuss the EEOC’s Conciliation Efforts and its Reviewability for Employers in light of this case. The session will also offer a number of ideas as to how employers can screen, assess, and identify the best qualified candidates without raising a likelihood of employment discrimination challenges emerging.
Key topics include:
- Employment Non-discrimination Act
- EEOC’s Conciliation Efforts: An Overview
- EEOC’s Reviewability of Pre-suit Efforts
- The Effect of Conciliation Efforts
- Best Practices
Howard M. Wexler, Attorney
Seyfarth Shaw LLP
- Introductory speaker providing overview
- What Title VII provides
- Conciliation efforts
Nancy E. Sasamoto, Principal
Masuda, Funai, Eifert & Mitchell, Ltd.
- Analysis of the Supreme Court’s decision in Mach Mining v. EEOC, including
- Summary of facts and lower court holdings;
- Review of arguments asserted by the EEOC and the employer/defendant; and
- Discussion of the Supreme Court’s holding that the EEOC’s statutory obligation to attempt conciliation is subject to narrow judicial review.
- PANEL DISCUSSION: Is the EEOC’s failure to attempt conciliation a valid defense to a Title VII claim?
Jennifer A. Riley, Partner
Seyfarth Shaw LLP
- Potential impact of Mach Mining on other areas, including the EEOC’s duty to investigate
- Steps in the EEOC’s enforcement process
- The EEOC’s failure to investigate as an affirmative defense – the landscape pre-Mach Mining
- The impact of Mach Mining on the affirmative defense of failure to investigate – EEOC v. Sterling and any other recent decisions
David P. Jones, Ph.D, President & CEO
- For decades, the fact that employee screening, testing, assessments, or other types of selection procedures can result in producing an adverse impact upon ethnic or gender minority groups has required employers make sure their hiring tools are defensible and, even more importantly, that they work and produce a payoff in finding the best candidates.
- As the workplace, and workforce, continue to evolve, candidate qualities that need to be evaluated also evolve. Too, as Internet and mobile app tools continue to grow, these platforms help execute easily administered candidate assessments... but the need to make sure such procedures work without the likelihood of challenge also evolves.
- Also, as many vendors enter the market with a sales claim of "trust us, our candidate screening tools work", employers need to make sure the programs they implement are actually job-related and defensible under any Uniform Guidelines challenge that might occur. As the technology world grows, so do many claims about candidate screening and assessment techniques that simply don't make sense.
- As a result, employers need to continue seeking the best candidates, building workforce engagement, and avoiding legal challenge. This is where a great deal of current research has shown just how to find the best, capture the best, and retain the best candidates.
Who Should Attend:
- HR Personnel and Professionals
- Employment Law Advisors
- Employment Law Attorneys
- Employee Relations Professionals
- Compliance Officers
- General Counsel
- In-house Lawyers and Solicitors
- Legal Officers
- Business Consultants
- Senior Managers
- Public and Private Companies
Howard M. Wexler is an associate in the Labor and Employment group in Seyfarth Shaw’s New York office. His practice includes the representation of management in employment litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor, New York State Division of Human Rights and New Jersey Division on Civil Rights. Mr. Wexler has extensive experience defending both single and multi-plaintiff discrimination/harassment cases, class and/or collective actions, as well as lawsuits initiated by the EEOC. He has represented employers in class and collective actions and multi-plaintiff claims involving discrimination/harassment as well as whistleblower actions. His wage-and-hour experience includes the defense of major class action claims involving meal breaks, rest breaks, misclassification, and work-off-the-clock allegations.
Howard M. Wexler is an associate in the Labor and Employment group in Seyfarth Shaw’s New York office. His practice …
Nancy Sasamoto counsels management in all aspects of employment law. Her expertise includes representing employers in state and federal courts and before administrative agencies involving claims of discrimination, retaliation, harassment, wrongful discharge, violations of wage and hour statutes and the enforcement of covenants not to compete. She has extensive experience preparing executive employment contracts, consulting agreements and personnel policies, as well as presenting training programs on harassment prevention, business ethics and electronic discovery implications for employers.
Ms. Sasamoto is a frequent author and speaker on employment law issues. She recently updated a chapter she authored entitled, "Practical and Legal Considerations Prior to Conducting the Audit" in the Illinois Institute for Continuing Legal Education’s (IICLE) award-winning handbook, Conducting the Employment Practices Audit. In addition, Ms. Sasamoto has been named an Illinois "Super Lawyer" five times.
Nancy Sasamoto counsels management in all aspects of employment law. Her expertise includes representing employers in state and federal courts …
Jennifer Riley is a partner in the Chicago office of Seyfarth Shaw LLP, the leading national employment and labor law firm. Ms. Riley practices in the complex employment litigation area, with a primary emphasis on defending companies from class and collective action lawsuits brought in federal and state courts throughout the U.S. She regularly represents employers facing employment discrimination class actions, wage & hour collective actions, EEOC pattern or practice lawsuits, and systemic investigations involving hundreds to thousands of employees. Ms. Riley also counsels employers regarding a range of issues, including hiring practices, investigations, and wage & hour compliance. Ms. Riley obtained her B.A. from Vanderbilt University and obtained her J.D. from the University of California at Berkeley (Boalt Hall).
Jennifer Riley is a partner in the Chicago office of Seyfarth Shaw LLP, the leading national employment and labor law …
One of few in his profession founding a major international HR consulting and outsourcing business, Dr. David Jones has worked in recruiting, assessment, and top talent retention for over 30 years. His experience helped write the Jossey-Bass Million Dollar Hire, a book laying out business concepts that led to creating HirePayoff, recently published in China.
Dave has designed hiring programs for a majority of the Fortune 500. He led industry-wide initiatives, creating new approaches to candidate assessment for industries as diverse as high-tech, insurance and financial services, pharmaceutical, automotive producers, hospitality and dining, consumer products, etc..
As technology and social networking approaches have blossomed, he has contributed new product approaches and taken investor and Board of Director positions in the industry. As equal employment opportunity challenges have grown, he regularly serves as an expert witness in litigation settings. He has been highlighted in Wall Street Journal, New York Times, Investor’s Business Daily, Crain’s Business, and on many business TV and radio events.
One of few in his profession founding a major international HR consulting and outsourcing business, Dr. David Jones has worked …
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About Seyfarth Shaw LLP
Seyfarth Shaw LLP provides thoughtful, strategic, practical legal counsel to client companies and legal teams of all sizes. With more than 800 attorneys in the U.S., London, Shanghai, Melbourne and Sydney, Seyfarth Shaw offers a national platform and an international gateway to serve client’s changing business and legal needs in litigation, employment, corporate, real estate and employee benefits. Seyfarth Shaw’s Labor & Employment Department is consistently ranked at or near the top in labor and employment law rankings across multiple practice areas in the United States and internationally. Chambers USA: America’s Leading Lawyers for Business 2015 recognized Seyfarth Shaw’s Labor & Employment Department as the 2015 “Labor and Employment Team of the Year” at the 10th Annual “Awards for Excellence” event.
About Masuda, Funai, Eifert & Mitchell, Ltd.
Founded in 1929, Masuda Funai has grown to more than 50 legal professionals in three offices, located in downtown and suburban Chicago, Illinois and Los Angeles, California. The firm’s practice focuses on representing international companies operating and investing in the United States. Whether the clients are small corporations locating in the U.S. for the first time, or established global entities, Masuda Funai’s attorneys have the knowledge and experience to represent them successfully. The firm has expertise in every aspect of business, including establishing, acquiring, and financing operations; ownership, development and leasing of real estate; transfer of overseas employees to the U.S.; employment, labor, and benefits counseling; dispute resolution; intellectual property, copyright and trademark; business litigation; creditors' rights and business risk management; and structuring the distribution and sale of products and services throughout the U.S.