Sunday, May 03, 2015

Supreme Court Backs Companies in EEOC Job-Bias Clash

Bloomberg reports:
The U.S. Supreme Court gave companies a new legal tool in fighting job-bias suits by the Equal Employment Opportunity Commission, saying judges should decide whether the agency took steps to resolve the case before suing.

Ruling unanimously in favor of a mining company accused of refusing to hire a woman, the justices said courts have power to enforce the requirement that the EEOC try to conciliate disputes.

Justice Elena Kagan said the court review would be “relatively barebones,” primarily ensuring that the agency notified the employer and gave it a chance to make voluntary changes in its practices.

Even so, the ruling is a setback for the Obama administration, which argued that any judicial review was unnecessary and would undermine the EEOC’s enforcement of federal job-discrimination laws. Corporate trade groups say the EEOC has increasingly ignored the conciliation requirement while pursuing an aggressive litigation strategy.
A setback for the Obama regime.