Employers Appeal To SCOTUS Over EEOC’s ‘Systemic Litigation’ Discrimination Cases

The government has not put enough effort into settling discrimination lawsuits, an Illinois mining company is arguing before the Supreme Court. The EEOC’s aggressive litigation strategy, which companies called “sue first and negotiate later,” has netted the government more than $100 million from companies since 2011. The companies say the government is turning individual bias claims into class actions, and using bullying tactics and unfair take-it-or-leave-it offers that thwart attempts at legitimate negotiation. In an unusual move, the EEOC also asked the Supreme Court to take up the case, arguing that letting employers question the government’s settlement efforts l would encourage companies to extend the process.