Friday, January 16, 2015

WIRTW #351 (the “conciliation” edition)


We’re supposed to assume complete good faith on the government’s part and complete bad faith on the part of employers?

Chief Justice John Roberts asked this question of Assistant Solicitor General Nicole Saharsky during oral argument earlier this week in Mach Mining v. Equal Employment Opportunity Commission, a case that will test the limits of how far the EEOC has to go to try to conciliate a charge of discrimination prior to filing an enforcement action in court.

The oral argument did not go so well for the EEOC. Irin Carmon at MSNBC, Jess Bravin at the Wall Street Journal, and Julie Goldscheid at SCOTUSblog have the details.

Here’s the rest of what I read this week:

Discrimination

Social Media & Workplace Technology

HR & Employee Relations

Wage & Hour

Labor Relations