EEOC Conciliation Efforts: Reviewability – Truth & Consequences for Employers in 2016 & Beyond
In Mach Mining, LLC v. EEOC, the U.S. Supreme Court authorized judicial review of the Equal Employment Opportunity Commission's (EEOC’s) pre-suit conciliation efforts to evaluate whether the EEOC met the requirements set forth in Title VII. If a court determines that the EEOC failed to fulfill its statutory conciliation obligation, potential remedies might range from an order to conciliate, award of attorneys’ fees, or dismissal of the action. However, given the very limited scope of the review, the EEOC still has wide latitude and discretion over the conciliation process. Thus, it is crucial for employers to closely monitor the EEOC's actions and understand its obligations to strategically plan and weigh possible litigation risks.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the important aspects of this significant topic. They will provide an in-depth discussion of EEOC Conciliation Efforts as well as the Truth & Consequences of its Reviewability. Speakers will also offer best practices in developing and implementing effective risk mitigation strategies while ensuring compliance with discrimination laws.
Key issues that will be covered in this course are:
- EEOC’s Conciliation Efforts: An Overview
- Pre-Lawsuit Obligations Under Title VII
- Implications of EEOC’s Reviewability of Pre-suit Efforts
- Key Issues and Challenges
- Recent Court Decisions
- Best Practices for Employers
Jennifer A. Riley, Partner
Seyfarth Shaw LLP
Jonathon A. Rabin, Partner
Hall, Render, Killian, Heath & Lyman, PLLC
- (Jon) Overview of Title VII and what the EEOC does
- (Jennifer) The administrative process generally, including the steps in the EEOC’s enforcement process and prerequisites to suit
- (Jennifer) The EEOC’s enforcement agenda and systemic litigation initiative
- (Jon) A discussion of Mach Mining, including background facts, the arguments and decision.
- (Jennifer) Potential impact of Mach Mining on steps in the administrative process (other than conciliation), including the EEOC’s duty to investigate
- (Jennifer) The EEOC’s failure to investigate as an affirmative defense – the landscape pre-Mach Mining
- (Jennifer) The impact of Mach Mining on the affirmative defense of failure to investigate – recent decisions
- (Jon) Employer considerations and options when the EEOC makes findings against them.
- (Jon) Recent EEOC enforcement litigation and decisions (LGBT, ADA, etc.).
Who Should Attend:
- HR Personnel
- Employment Law Legal Counsel
- Employee Relations Professionals
- Compliance Officers
- General Counsel
- In-house Lawyers and Solicitors
- Legal Executives
- Senior Managers
- Public and Private Companies
Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP. She is a member of the Firm’s Labor & Employment Department and a member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups.
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.
Ms. Riley has extensive commercial litigation experience. She has represented clients in a wide range of complex civil litigation matters in federal and state courts across the country. She has served as trial counsel in federal court bench trials, jury trials, and arbitration proceedings. Ms. Riley has secured dismissal of complex and large-scale actions by defeating class or collective action certification, prevailing on summary judgment, and structuring and securing approval of complex and multi-party settlements and consent decrees.
Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP. She is a member of the Firm’s …
Jonathon A. Rabin is a shareholder and a health lawyer whose practice encompasses employment litigation (including individual claims of discrimination, class actions and non-competition and other restrictive-covenant disputes), as well as counseling employers in day-to-day personnel matters. He regularly litigates in state and federal courts and represents clients before administrative agencies like the Equal Employment Opportunity Commission and the Michigan Department of Civil Rights. His litigation and counseling experience includes most federal and state employment laws such as the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. Jon is also a member of Hall Render’s Complex Litigation team.
Jonathon A. Rabin is a shareholder and a health lawyer whose practice encompasses employment litigation (including individual claims of discrimination, …
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Method of Presentation:
NASBA Field of Study:
Personnel/Human Resources - Non-Technical
NY Category of CLE Credit:
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About Seyfarth Shaw LLP
At Seyfarth Shaw LLP, we are leading the way in delivering legal services more effectively, more efficiently, and more transparently. With more than 850 attorneys in the United States, London, Shanghai, Melbourne, and Sydney, we offer a national platform and an international gateway to serve our clients’ changing business and legal needs in corporate, employee benefits, employment, litigation, and real estate. Seyfarth Shaw provides thoughtful, strategic, practical legal counsel to clients of all sizes across all industries, delivering excellent legal service, sophisticated technology and process improvement solutions. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds.
Our success is the result of a constant, unrelenting focus on the needs of our clients, and we are always looking for ways to meet our clients’ needs for value and efficiency while maintaining the high quality of our services. That's why we created SeyfarthLean®, our proprietary, value-driven client service model, which combines the core principles of Lean Six Sigma process improvement with project management and tailored technology solutions. Since 2005, SeyfarthLean has been unique within the legal profession and a distinctive approach to providing, delivering, and managing client and legal services.
Our client-first approach has resulted in numerous accolades from a variety of highly respected industry associations, consulting firms, and the media, including: BTI Consulting’s “Client Service A-Team” list, which ranks firms that serve the Fortune 1000 and is based exclusively on client feedback; a top spot in the Financial Times North America Innovative Lawyers 2015 report of the most innovative firms; the Association of Corporate Counsel “Value Champion” award; and multiple awards from the International Legal Technology Association, including 2014 “Innovative Project of the Year” and 2013 “Innovative Law Firm of the Year.”
About Hall, Render, Killian, Heath & Lyman, PLLC
Hall, Render, Killian, Heath & Lyman focuses its practice on health law and is recognized as one of the nation’s preeminent health law firms. With over 40 years of experience in the health law business and 200 attorneys serving health care clients, Hall Render is the largest health care-focused law firm in the country.
The goal of our labor and employment practice group is to identify the risks facing our clients and to suggest timely, effective, risk-reducing alternatives. We represent employers in all manner of employment law issues, including discipline, discharge, drug testing, workplace harassment, discrimination, compensation, employee privacy and accommodation of employee disabilities. When litigation surfaces, we deliver a forceful defense with the goal of efficiency always in mind.