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Catholic University Law Review
Laches EEOC Back Pay Equity Equitable defense Government Administrative agencies Title VII Employment Occidental Life Insurance Co. EEOC v. Waffle House Statute of Limitations
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Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller
Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller
Catholic University Law Review
The equitable defense of laches generally cannot be used against the sovereign. This broad proposition, adopted from English Courts of Equity, cements itself in United States federal case law. It is a longstanding principle that the federal government protects the public good and must be exempt from the defenses that could be brought up in a private suit. Administrative agencies bear a similar role, and exemption, when litigating as the United States on behalf of the public.
However, courts do not affirmatively restrict the use of laches against administrative agencies who may be acting on behalf of a private litigant. …