Business

High Court: Judges Can Review EEOC Bids to Settle Job Bias

Published

11 years ago

April 30, 2015

SAM HANANEL, Associated Press

WASHINGTON (AP) — A unanimous Supreme Court ruled Wednesday that federal judges have authority, though limited, to make sure the Equal Employment Opportunity Commission is trying hard enough to settle charges of job discrimination before filing lawsuits against employers.

The justices said lower courts can review whether government lawyers were being reasonable during settlement negotiations with companies accused of bias.

Employers have closely watched the case. Many companies have said the EEOC has been overly aggressive in recent years, rushing to file costly lawsuits without trying to resolve disputes informally.

The EEOC has a legal duty to try settling cases first, but the question was how much a court could peer into those negotiations to make sure the EEOC was acting in good faith.

The Obama administration argued that courts should have no role in probing confidential settlement talks. But business groups called for expansive review.

The decision is a narrow victory for an Illinois mining company sued by the EEOC for failing to hire qualified female job applicants. The government alleges that Mach Mining has never hired any female miners since it began operations in 2006, despite getting applications from qualified women.

The company wanted the suit thrown out because it claims EEOC officials didn’t try hard enough to negotiate a settlement before going to court. The administration argued that it is solely up to the EEOC to decide whether terms of a settlement are acceptable.

Writing for the court, Justice Elena Kagan adopted a middle ground. She said the scope of judicial review is limited and respects the “expansive discretion” the law gives to the EEOC over settlement talks, known as conciliation.

Kagan said the EEOC must inform an employer about specific charges of discrimination and which employees have suffered. The agency must try to engage the employer in a discussion to give the company a chance to stop practices that may discriminate against racial minorities, women or other protected groups.

Kagan said the commission can simply present a sworn affidavit saying it has met these requirements. If a lower court finds the EEOC has fallen short, it can require the commission to resume settlement talks.

EEOC General Counsel David Lopez called the decision “great news for victims of discrimination” and said he was pleased the court “rejected the intrusive review” proposed by Mach Mining.

Federal law requires the EEOC initially to try to stop illegal employment practices by “informal methods of conference, conciliation and persuasion.” But the law allows the EEOC to go ahead with a lawsuit if it has been unable to reach a conciliation agreement “acceptable to the commission.”

A federal judge agreed to review whether the EEOC’s attempt to settle the case against Mach Mining was “sincere and reasonable,” but the government objected. The 7th U.S. Circuit Court of Appeals reversed, saying a company could not raise ineffective settlement effort as a defense.

The Supreme Court’s ruling settles a split among appeals courts as to how deeply judges can probe the EEOC’s settlement efforts. Some courts have required a minimal level of “good faith,” while others have performed a more thorough analysis. The 7th Circuit was the first appeals court to rule that employers cannot try to dismiss EEOC lawsuits by claiming conciliation efforts were lacking.

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Follow Sam Hananel on Twitter at http://twitter.com/SamHananelAP

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Activism

OP-ED: AB 1349 Puts Corporate Power Over Community

Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.

Published

3 days ago

January 9, 2026

Oakland Post

Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

By Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

As a pastor, I believe in the power that a sense of community can have on improving people’s lives. Live events are one of the few places where people from different backgrounds and ages can share the same space and experience – where construction workers sit next to lawyers at a concert, and teenagers enjoy a basketball game with their grandparents. Yet, over the past decade, I’ve witnessed these experiences – the concerts, games, and cultural events where we gather – become increasingly unaffordable, and it is a shame.

These moments of connection matter as they form part of the fabric that holds communities together. But that fabric is fraying because of Ticketmaster/Live Nation’s unchecked control over access to live events. Unfortunately, AB 1349 would only further entrench their corporate power over our spaces.

Power over live events is concentrated in a single corporate entity, and this regime operates without transparency or accountability – much like a dictator. Ticketmaster controls 80 percent of first-sale tickets and nearly a third of resale tickets, but they still want more. More power, more control for Ticketmaster means higher prices and less access for consumers. It’s the agenda they are pushing nationally, with the help of former Trump political operatives, who are quietly trying to undo the antitrust lawsuit launched against Ticketmaster/Live Nation under President Biden’s DOJ.

That’s why I’m deeply concerned about AB 1349 in its current form. Rather than reining in Ticketmaster’s power, the bill risks strengthening it, aligning with Trump. AB 1349 gives Ticketmaster the ability to control a consumer’s ticket forever by granting Ticketmaster’s regime new powers in state law to prevent consumers from reselling or giving away their tickets. It also creates new pathways for Ticketmaster to discriminate and retaliate against consumers who choose to shop around for the best service and fees on resale platforms that aren’t yet controlled by Ticketmaster. These provisions are anti-consumer and anti-democratic.

California has an opportunity to stand with consumers, to demand transparency, and to restore genuine competition in this industry. But that requires legislation developed with input from the community and faith leaders, not proposals backed by the very company causing the harm.

Will our laws reflect fairness, inclusion, and accountability? Or will we let corporate interests tighten their grip on spaces that should belong to everyone? I, for one, support the former and encourage the California Legislature to reject AB 1349 outright or amend it to remove any provisions that expand Ticketmaster’s control. I also urge community members to contact their representatives and advocate for accessible, inclusive live events for all Californians. Let’s work together to ensure these gathering spaces remain open and welcoming to everyone, regardless of income or background.

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Oakland Post: Week of December 31, 2025 – January 6, 2026

The printed Weekly Edition of the Oakland Post: Week of – December 31, 2025 – January 6, 2026

Published

1 week ago

January 2, 2026

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Big God Ministry Gives Away Toys in Marin City

Pastor Hall also gave a message of encouragement to the crowd, thanking Jesus for the “best year of their lives.” He asked each of the children what they wanted to be when they grow up.

Published

2 weeks ago

December 29, 2025

Oakland Post

From top left: Pastor David Hall asking the children what they want to be when they grow up. Worship team Jake Monaghan, Ruby Friedman, and Keri Carpenter. Children lining up to receive their presents. Photos by Godfrey Lee.

By Godfrey Lee

Big God Ministries, pastored by David Hall, gave toys to the children in Marin City on Monday, Dec. 15, on the lawn near the corner of Drake Avenue and Donahue Street.

Pastor Hall also gave a message of encouragement to the crowd, thanking Jesus for the “best year of their lives.” He asked each of the children what they wanted to be when they grew up.

Around 75 parents and children were there to receive the presents, which consisted mainly of Gideon Bibles, Cat in the Hat pillows, Barbie dolls, Tonka trucks, and Lego building sets.

A half dozen volunteers from the Big God Ministry, including Donnie Roary, helped to set up the tables for the toy giveaway. The worship music was sung by Ruby Friedman, Keri Carpenter, and Jake Monaghan, who also played the accordion.

Big God Ministries meets on Sundays at 10 a.m. at the Mill Valley Community Center, 180 Camino Alto, Mill Valley, CA Their phone number is (415) 797-2567.