Late last year, we reported that the Equal Employment Opportunity Commission (EEOC) had released a proposed rule modifying the mandatory conciliation process the EEOC must follow before it can file a lawsuit in its own name against an employer. Under long-standing anti-discrimination statutes, before the EEOC can commence litigation against an employer for employment discrimination … Continue Reading
On Friday, October 9, 2020, the Equal Employment Opportunity Commission (EEOC) released a proposed rule aimed at modifying the conciliation process that the agency employs prior to filing suit. When the EEOC finds reasonable cause to believe that allegations in a complainant’s charge have merit, the EEOC has the option of pursuing litigation on the … Continue Reading
A number of cases this year have highlighted that even though the Australian Fair Work Act 2009 regime is generally a “no costs” jurisdiction (i.e. a win does not ordinarily result in an award of costs in the successful party’s favour), the unreasonable conduct of claims can come at a high price for applicants. Costs … Continue Reading
On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading
Part of the Government’s proposals “to reduce the burdens on business” (i.e. the cost to the Government of running the Employment Tribunal system) is Early Conciliation (EC). This requires prospective claimants to contact Acas and be talked through the conciliation process before they can bring a Tribunal claim. When it is launched next year, there … Continue Reading
