Caffarelli & Martin Ltd

News

2 minutes read

US Supreme Court Holds that EEOC Conciliation is Subject to Judicial Review

Published

This morning, the US Supreme Court issued a decision in Mach Mining v. EEOC (# 13-1019). The case hinged upon whether Title VII of the Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission attempt to conciliate claims before filing a lawsuit, and whether the EEOC’s efforts or lack thereof are subject to judicial review. In this case Mach Mining claimed that the EEOC had not adequately fulfilled that conciliation requirement. In a decision written by Justice Kagan, the Court unanimously decided that courts can review conciliation efforts by the EEOC to determine if the EEOC met the statutory requirement of attempting to conciliate before bringing suit. Although Justice Kagan’s opinion tries to closely limit the review, pointing out that the EEOC gave notice of the violation and an opportunity for voluntary compliance, the decision may have unintended consequences. It is likely that in any case in which the EEOC found cause, victims of civil rights violations will be fighting a motion that the EEOC did not make good-faith conciliation efforts. As a practical matter, it will give hostile judges an excuse to throw out cases for alleged failures by the EEOC during the administrative process. Granted Justice Kagan did a very good job of setting forth an objective standard for the EEOC to meet, which many will rightfully claim is much better than no standard at all, it would have been best for the EEOC to simply have the discretion to best determine whether and to what extent conciliation efforts would bear fruit. For a copy of the decision, click HERE.

Back to News

Recent Posts

Blog

Caffarelli & Martin Secures Class Certification in Biometric Privacy Case Against Aimbridge

Caffarelli & Martin, Ltd. (p/k/a Caffarelli & Associates) is pleased to announce a significant victory for Illinois workers in Gutierrez v. Aimbridge Employee Service Corp. and Aimbridge Hospitality, LLC. On June 2, 2026, Judge Caroline Kate Moreland of the Circuit Court of Cook County granted Plaintiffs’ renewed motion for class certification in a lawsuit brought under the Illinois Biometric Information Privacy Act, commonly known as BIPA. The case concerns Aimbridge-managed hotels in Illinois that allegedly required employees to use UltiPro...

Read More
Blog

Caffarelli & Martin Ltd. Secures Unanimous Jury Verdict in Sexual Harassment Case Against El Milagro

Caffarelli & Martin Ltd. is proud to announce a trial victory on behalf of Lilia Carrillo in her hostile work environment sexual harassment case against El-Milagro, Inc. d/b/a El Milagro under the Illinois Human Rights Act. After a five-day jury trial in the Circuit Court of Cook County, Illinois, the jury unanimously found in favor of the Plaintiff. The case was tried by Alejandro Caffarelli and Whitney Barr of Caffarelli & Martin Ltd. Ms. Carrillo worked for a placement company,...

Read More
Blog

Alexis Martin Quoted in Borderless Magazine

Alexis D. Martin of Caffarelli & Martin Ltd. was recently quoted in a Borderless Magazine article discussing the growing delays in DACA renewal processing and the legal uncertainty many recipients are facing under current immigration policies. The article highlights the significant impact these delays are having on work authorization, employment, and deportation concerns for DACA recipients across the country. You can read the full article here.

Read More