Tag: Title VII

U.S. Supreme Court to Tackle the EEOC’s Duty to Conciliate

Thursday, July 10, 2014

On June 30, 2014, the United States Supreme Court granted an employer’s petition for certiorari to address whether a court may dissect the U.S. Equal Employment Opportunity Commission’s (EEOC) obligation under Title VII of the Federal Civil Rights Act of 1964 (Title VII) to conciliate discrimination claims before filing suit and, relatedly, whether employers can use the EEOC’s failure to conciliate as an affirmative defense. Mach Mining, LLC v. E.E.O.C., 738 F.3d 171 (7th Cir. 2013), cert. granted, No. 13-1019, 2014 WL 713205 (June 30, 2014). The Court’s decision to address the EEOC’s duty to conciliate has the potential to significantly change the landscape of employment discrimination cases. Read More

The United States Supreme Court Has Narrowed the Scope of Liability for Retaliation Claims Under Title VII of the Civil Rights Act of 1964

Tuesday, June 25, 2013

On June 24, 2013, in a 5-4 decision authored by Justice Anthony Kennedy, the Supreme Court held in University of Texas Southwestern Medical Center v. Nassar, that a plaintiff alleging unlawful retaliation for protected opposition to suspected discrimination under Title VII must prove that retaliation was the “but-for” cause of the adverse employment action. Read More