A unanimous U.S. Supreme Court decision has clarified the Equal Employment Opportunity Commission’s (EEOC) responsibility to engage in communication with companies accused of discrimination before filing suit. The justices stated that courts have the power to enforce the statutory requirement that the EEOC try to conciliate disputes. Several high profile cases against major corporations, including Honeywell, were launched by the EEOC in the past year in reaction to workplace wellness programs and associated financial penalties. This new standard comes as some companies have complained that the EEOC hardly offers any opportunity to remedy alleged discriminatory behavior before suing. Analysts quoted in a Bloomberg report on the decision explain that the guidance will likely have the effect of changing the EEOC’s methods “because judges can review what they did and how they did it.”
Read complete coverage from Bloomberg via Insurance Journal here.