In one of the most closely watched employment law cases of its term, in April the U.S. Supreme Court ruled unanimously that federal judges may review whether the Equal Employment Opportunity Commission makes a good-faith effort to conciliate with companies it alleges have engaged in discrimination.
While the justices didn’t sanction the level of review of the EEOC’s conciliation processes that the petitioner and many other companies were looking for from their decision in Mach Mining v. Equal Employment Opportunity Commission, the ruling is certainly a step in that direction. By allowing a more objective review of the commission’s conciliation attempts, the court has given companies reason to hope for a more level playing field when it comes to commission charges.
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