Thursday, April 30, 2015

Supreme Court Holds that EEOC's Pre-Discrimination Suit Obligations are Subject to Limited Judicial Review

On April 29, 2015, in the case of Mach Mining, LLC v. Equal Employment Opportunity Commission  (EEOC), the Supreme Court resolved the question of whether the EEOC’s pre-discrimination suit actions, specifically the statutory requirement that the EEOC attempt conciliation before filing suit, are subject to judicial review.  In a unanimous decision authored by Justice Kagan, the Court held that, while the EEOC does have broad discretion as to how it pursues conciliation, courts do have the authority to review and enforce the EEOC’s statutory obligations to engage in this process.

Monday, April 20, 2015

EEOC Proposes Rules on Wellness Programs

On April 16, 2015, the EEOC issued its long awaited, and much anticipated, proposed rules on wellness programs as they relate to the requirements and restrictions of the Americans with Disabilities Act (ADA).  Once finalized, these rules will be the critical guide for employers on how they can sponsor a wellness program without running the risk of liability for violating the ADA.