When the EEOC files federal court lawsuits alleging discriminatory conduct, defendant-employers routinely assert a “failure to conciliate” defense. Thus, the issue becomes whether and to what extent a court can review the EEOC’s internal pre-suit conciliation process.
In its case against Mach Mining LLC, pending in the Southern District of Illinois, the EEOC took the position that the court cannot review its conciliation efforts. However, the District Court rejected that position and determined that conciliation is subject to at least some level of judicial review. In particular, the District Court noted that the EEOC’s duty to attempt conciliation in good faith under 42 USC 2000e-5(b) “is one of its most essential functions.” The District Court noted that a number of appellate courts have addressed the issue with differing results. Some say that the EEOC’s conciliation process is entitled to deference, while others have applied a heightened level of scrutiny. Recognizing the issue could be of central importance in advancing the litigation, the District Court granted the EEOC’s request to certify the issue for interlocutory review by the Seventh Circuit Court of Appeals, which has yet to weigh in on the circuit split. Thus, the Seventh Circuit is expected to address the following questions: (1) whether courts may review the EEOC’s informal efforts to secure a conciliation agreement acceptable to the EEOC before the EEOC files suit and (2) if so, should courts use a deferential standard of review or apply heightened scrutiny. The interlocutory appeal is EEOC v. Mach Mining LLC, at the Seventh Circuit under docket number 13-8012. The case will be closely watched because the outcome will have an important impact on litigation brought by the EEOC in courts throughout the Seventh Circuit. Because the Seventh Circuit’s ruling also could deepen the split among the Appellate Circuits, the issue of judicial review of EEOC conciliation ultimately may reach the United States Supreme Court.
Is EEOC Conciliation Subject to Judicial Review? Seventh Circuit to Decide
RELATED ARTICLES
EEOC Says No Mandatory Antibody Tests for COVID-19
June 18, 2020 | Currents - Employment Law, EEOC, Employee Health Issues
Updated EEOC Guidance Allows Employee COVID-19 Testing
April 23, 2020 | Currents - Employment Law, EEOC, Employee Health Issues
EEOC Pay Data Collection: One and Done?
September 18, 2019 | Currents - Employment Law, EEOC
EEOC Proposes Employers Provide 2018 Pay Data by September
April 4, 2019 | Currents - Employment Law, EEOC
New Federal Lawsuit Pits Religion Against Gay Rights in Employment Context
October 18, 2018 | EEOC, Currents - Employment Law
×
EEOC Says No Mandatory Antibody Tests for COVID-19
June 18, 2020 | Currents - Employment Law, EEOC, Employee Health Issues
Updated EEOC Guidance Allows Employee COVID-19 Testing
April 23, 2020 | Currents - Employment Law, EEOC, Employee Health Issues
EEOC Pay Data Collection: One and Done?
September 18, 2019 | Currents - Employment Law, EEOC
EEOC Proposes Employers Provide 2018 Pay Data by September
April 4, 2019 | Currents - Employment Law, EEOC
New Federal Lawsuit Pits Religion Against Gay Rights in Employment Context
October 18, 2018 | EEOC, Currents - Employment Law
Think You Missed The 2017 EEO-1 Survey Reporting Deadline? Think Again . . . . But Act Fast!
April 24, 2018 | EEOC, Currents - Employment Law
Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On
April 5, 2018 | EEOC, Letter of the Law, Currents - Employment Law
Sixth Circuit Holds Transgender Status Protected Under Title VII
March 12, 2018 | EEOC, Employment Discrimination, Employment Lessons, Workplace Culture and Conduct, Currents - Employment Law
Beginning of a New Trend? Illustration of EEOC Stats Confirms Plummeting Number of Charges
February 26, 2018 | EEOC, Currents - Employment Law
What’s the EEOC Up To These Days?
January 30, 2018 | EEOC, Currents - Employment Law
Asking: “How much do you currently make?” in 2018?
December 29, 2017 | EEOC, Employment Lessons, Currents - Employment Law
EEOC Complaint Inquiries Now a Click Away With New Public Portal
November 3, 2017 | EEOC, Currents - Employment Law
The Government Seal on EEOC Anti-Harassment Training: Is It Worth It?
October 16, 2017 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
Attention Illinois Employers: 3 Handbook Policies to Revisit Now
October 13, 2017 | EEOC, Employee Leave, Employment Lessons, Currents - Employment Law
R-E-S-P-E-C-T in the Workplace? The EEOC Becomes Trainer-in-Chief
October 6, 2017 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit
September 22, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches
August 31, 2017 | EEOC, Currents - Employment Law
OMB Immediately Stays Revised EEO-1 Form, Including Pay Data Collection
August 30, 2017 | EEOC, Currents - Employment Law
Seventh Circuit Says EEOC May Press on With Enforcement Efforts After Right-to-Sue
August 17, 2017 | EEOC, Employment Lessons, Currents - Employment Law
Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case
August 8, 2017 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Fourth Circuit Upholds ‘Mark of the Beast’ Jury Verdict
June 22, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
The Age Discrimination in Employment Act Turns 50
June 8, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Another Review of the EEOC’s Subpoena for ‘Pedigree Information’
May 30, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Need to Check an Employee’s Criminal Background? Tread Carefully
May 25, 2017 | EEOC, Currents - Employment Law
Current Administration Considers EEOC and Labor Department Subagency Merger
May 19, 2017 | Affirmative Action, EEOC, Currents - Employment Law
Hiring Teenagers This Summer? Here are 3 Key Considerations
May 17, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Suspending Employee Who Hit Boss With Vehicle Not Retaliation
April 11, 2017 | EEOC, Currents - Employment Law
Does Same-Sex Harassment Support Gender Discrimination Claims? Texas Supreme Court to Decide
March 17, 2017 | EEOC, Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
A Charge-d Atmosphere: A Few Pointers When a Current Employee Files a Charge
February 21, 2017 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
Trump-Appointed EEOC Acting Chair Says Continuity in the Near Term
February 15, 2017 | EEOC, Currents - Employment Law
Update: North Carolina Business that Fired Pregnant Employee Agrees to Three-Year Consent Decree with EEOC
February 13, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC’s Latest Guidance On Mental Health Accommodations Adds Little
January 31, 2017 | EEOC, Currents - Employment Law
Trump Administration Quick Hitters: Acting EEOC Chair Named, Chief of Staff Requests Regulation Freeze, and DOJ Requests Delay in Fifth Circuit Appeal of OT Rule
January 30, 2017 | High Stakes Employment Issues, Currents - Employment Law
EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit
December 27, 2016 | EEOC, Currents - Employment Law
EEOC Offers Compliance Tips for Small Businesses
December 20, 2016 | EEOC, Currents - Employment Law
EEOC Issues New Guidelines on National Origin Discrimination
November 23, 2016 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions?
September 30, 2016 | EEOC, Currents - Employment Law
EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers
September 29, 2016 | EEOC, Currents - Employment Law
EEOC Issues Anti-Retaliation Guidance
September 8, 2016 | EEOC, Currents - Employment Law
Ray of Hope Peeks Through a Mound of Proposed EEOC Data Requirements: Senators Fight to Nix EEOC Plan
August 25, 2016 | EEOC, Currents - Employment Law
More Flu Vaccine News: EEOC Once Again Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII
August 19, 2016 | EEOC, Currents - Employment Law
Seventh Circuit Addresses EEOC’s Stance that Sexual Orientation is Protected by Title VII
August 12, 2016 | Employment Discrimination, Currents - Employment Law
Five Lessons from Fox News on Sexual Harassment
August 4, 2016 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
Classic Conundrum: Protecting Employees from Themselves
July 20, 2016 | EEOC, Currents - Employment Law
More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII
July 11, 2016 | EEOC, Currents - Employment Law
EEOC Provides Additional Guidance on Employer Wellness Program Notice
June 24, 2016 | EEOC, Currents - Employment Law
EEOC Critical of NLRB’s Investigation Confidentiality Concerns
June 23, 2016 | EEOC, Currents - Employment Law
EEOC Addresses Women’s Issues at White House’s United State of Women Summit
June 17, 2016 | Pregnancy, Currents - Employment Law
What Employers must know about the Americans with Disabilities Act
June 8, 2016 | EEOC, Currents - Employment Law
EEOC Plows Ahead on Obama’s Initiatives. Next Up: National Origin Discrimination
June 3, 2016 | Employment Discrimination, Currents - Employment Law
SCOTUS Rejects a Rule Neither Employers nor Employees Wanted: Green v. Brennan Decision
May 24, 2016 | Employment Discrimination, Currents - Employment Law
Transgender Bathroom Access Addressed in New EEOC Fact Sheet
May 6, 2016 | Employment Discrimination, Currents - Employment Law
Is There a Silver Lining in the EEOC’s Continuing Quest to Make Employees Untouchable?
April 26, 2016 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
EEOC Consent Decrees Highlight That Employers Must Prevent ADA Claims -- Or Pay the Consequences
April 15, 2016 | EEOC, Currents - Employment Law
2015: EEOC Charges Rebound
March 21, 2016 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
EEOC Continues Visible Stance on Sexual Orientation Discrimination Protection
March 9, 2016 | EEOC, Currents - Employment Law
Should Charging Parties Read Your Position Statement? EEOC Says Yes.
March 4, 2016 | EEOC, Currents - Employment Law
How to Minimize Retaliation Claims During the Termination Process
February 17, 2016 | EEOC, Currents - Employment Law
Refusal to Exempt Employee from “Mark of the Beast” Hand Scanner Proves Damning for Company
February 16, 2016 | EEOC, Currents - Employment Law
UGH!! Now They Want Wage Info on the EEO-1?!?
February 1, 2016 | EEOC, Currents - Employment Law
The EEOC wants to hear your opinion on retaliation claims under Title VII
January 26, 2016 | EEOC, Currents - Employment Law
Is Sexual Orientation Discrimination Really Sex Discrimination? The EEOC Wants Courts To Think So
January 12, 2016 | EEOC, Currents - Employment Law
Permanent Lifting Restrictions and the ADA
January 8, 2016 | EEOC, Currents - Employment Law
EEOC Issues Additional Guidance on Job Rights for Employees with HIV
December 3, 2015 | Employee Health Issues, Employment Discrimination, Currents - Employment Law
It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA
November 24, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed
November 23, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Proposes Six Substantive Changes to Title II GINA Regulations
October 30, 2015 | EEOC, Currents - Employment Law
EEOC News – Online Charge System Now In Place
October 26, 2015 | EEOC, Currents - Employment Law
EEOC Defends “Mark of The Beast” Ruling – Religious Beliefs Don’t Have To Make Sense To Be Protected
October 22, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
UPS’ Employment Policies Come Under Scrutiny, Again
July 21, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
“Perceived as” Religious Bias Claims? – A Federal Court in Michigan Says “Yes”
July 13, 2015 | Employment Discrimination, Currents - Employment Law
EEOC revises its enforcement guidance on pregnancy discrimination to comport with recent Supreme Court ruling
June 26, 2015 | EEOC, Pregnancy, Currents - Employment Law
Transgender Status in the Workplace – First an EEOC Issue and Now an OSHA Issue?
May 28, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC RELEASES PROPOSED RULE ON EMPLOYER WELLNESS PROGRAMS
April 17, 2015 | EEOC, Currents - Employment Law
Did California Just Fire No-Employment Provisions From Settlement Agreements?
April 13, 2015 | Non-competes and Trade Secrets, Currents - Employment Law
No Girls Allowed Isn’t Allowed: Even Roughnecks Have To Follow The Law
April 1, 2015 | EEOC, Currents - Employment Law
More EEOC v. Abercrombie & Fitch: Why No Disability Accommodation Angle?
March 9, 2015 | EEOC, Currents - Employment Law
Choose Your Expert Wisely: Fourth Circuit Rejects EEOC’s Choice on Background Checks
February 25, 2015 | EEOC, Currents - Employment Law
EEOC Data Released for 2014 Shows Uptick in Retaliation Charges and Allows For State-By-State Comparison of Charge Activity
February 6, 2015 | EEOC, Currents - Employment Law
2014: Free Fallin’ EEOC Charges?
February 4, 2015 | EEOC, Currents - Employment Law
Man Claiming Hand Scanning Time Clock Causes “Mark of the Beast” Wins Religious Discrimination Suit
January 23, 2015 | Employment Discrimination, Currents - Employment Law
Will the EEOC Get its Wings Clipped?
January 16, 2015 | EEOC, Currents - Employment Law
EEOC to Consider “Best Practices” for Prevention of Workplace Harassment
January 9, 2015 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
The Year in Social Media: Four Big Developments from 2014
December 29, 2014 | Social Media and Technology, Currents - Employment Law
ADA: Does “Regarded As” Still Matter?
December 1, 2014 | Employment Discrimination, Letter of the Law, Currents - Employment Law
The EEOC Sues Yet Another Employer for Allegedly Violating the ADA With Its Inflexible Leave Policy
November 18, 2014 | EEOC, Currents - Employment Law
Recent Case In Michigan Highlights Increased Focus On Transgender Discrimination
November 7, 2014 | Employment Discrimination, Currents - Employment Law
EEOC Part of Increasing Focus on LGBT Issues
October 31, 2014 | EEOC, Currents - Employment Law
There’s No Question – The EEOC’s Strategic Enforcement Plan Is In Full Bloom
October 2, 2014 | EEOC, Currents - Employment Law
EEOC SUES TWO EMPLOYERS FOR TRANSGENDER DISCRIMINATION
September 30, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
When “I Love You” May Be Too Much
August 15, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
Could Corporate Wellness Programs Land A Business in Hot Water?
August 14, 2014 | EEOC, Currents - Employment Law
ENOUGH IS ENOUGH: COURT OKS “INFLEXIBLE” SIX MONTHS OF LEAVE
June 16, 2014 | Employee Health Issues, Currents - Employment Law
Technological Advances Make Telecommuting A More Reasonable Accommodation
April 23, 2014 | EEOC, Currents - Employment Law
Ends and Means: Federal Appeals Judge Reflects on Attorney Fee Award Against EEOC
April 9, 2014 | EEOC, Currents - Employment Law
EEOC turns its focus to the impact of social media in employment litigation
March 20, 2014 | EEOC, Employment Discrimination, Social Media and Technology, Currents - Employment Law
Second Circuit Upholds Dismissal of Untimely Filed State Law Claims from Title VII Harassment Suit
March 17, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC and FTC Team up to Offer Guidance on Employee Background Checks
March 13, 2014 | EEOC, Currents - Employment Law
EEOC Challenges Standard Severance Agreement Language
February 19, 2014 | Affirmative Action, EEOC, Currents - Employment Law
EEOC Charges Drop In 2013, But Wait, There’s More!
February 10, 2014 | EEOC, Currents - Employment Law
EEOC Releases Detailed FY 2013 Statistics Showing Highest Monetary Recovery in Agency History
February 7, 2014 | EEOC, Pregnancy, Currents - Employment Law
The Importance and Limitations of Internal Investigations
January 3, 2014 | EEOC, Currents - Employment Law
EEOC Measures its Performance in FY 2013
December 31, 2013 | EEOC, Currents - Employment Law
Seventh Circuit: Failure to Conciliate is Not a Defense in EEOC Lawsuits
December 23, 2013 | EEOC, Currents - Employment Law
Don't Forget About Potential Associational Claims
December 6, 2013 | EEOC, Currents - Employment Law
GINA: Much Ado About Nothing?
November 26, 2013 | EEOC, Currents - Employment Law
A Quick Reminder Regarding Complaints in the Workplace
October 23, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
Hope for Employers Who Have Ever Felt Bullied by the EEOC
October 17, 2013 | EEOC, Currents - Employment Law
Another Criminal Background Case, Another Blow To The EEOC
October 11, 2013 | EEOC, Currents - Employment Law
Government Shutdown Continues And Enforcement Agencies Remain Closed
October 9, 2013 | Affirmative Action, EEOC, Currents - Employment Law
EEOC Cases Continue to Make Waves Despite Shutdown
October 4, 2013 | EEOC, Currents - Employment Law
EEOC Not Faring Well in Background Check Disparate Impact Cases
August 13, 2013 | EEOC, Currents - Employment Law
EEOC Hit With $4.7 Million in Attorneys’ Fees and Costs
August 9, 2013 | EEOC, Currents - Employment Law
Employers Should Use Care to Avoid Discrimination When Using Temporary Staffing Agencies
July 8, 2013 | Employment Discrimination, Currents - Employment Law
Supreme Court Endorses Narrow Definition of “Supervisor” in Discrimination Claims
June 25, 2013 | Employment Discrimination, Currents - Employment Law
EEOC Makes Good On Its Promise To Rekindle Disparate Impact Claims: Files Lawsuits Against Dollar General and BMW
June 18, 2013 | Employment Discrimination, Currents - Employment Law
Don’t Overlook The Gems In EEOC Files
June 7, 2013 | EEOC, Currents - Employment Law
Hot Topic: The Use of Criminal Records to Make Hiring Decisions
May 22, 2013 | Employment Discrimination, Currents - Employment Law
EEOC Offers Updated ADA Guidance Q&A’s Pertaining to Cancer, Diabetes, Epilepsy and Intellectual Disabilities
May 17, 2013 | Employee Health Issues, Employment Discrimination, Currents - Employment Law
EEOC Seeks Comments on Quality Control Plan for Investigations and Conciliations
May 14, 2013 | EEOC, Currents - Employment Law
Is the EEOC Set to Scrutinize Employer Wellness Programs?
May 8, 2013 | EEOC, Employee Health Issues, Currents - Employment Law
ADA Charge Verified by Counsel Is Insufficient; Plaintiff Failed to Exhaust Administrative Remedies
April 4, 2013 | EEOC, Currents - Employment Law
ADA Reasonable Accommodations and Wellness Programs
March 22, 2013 | Employee Health Issues, Currents - Employment Law
Employee Retaliation Claims: Will the Supreme Court Stem the Tide?
March 18, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
Court Upholds Random Alcohol Testing of New Coke Plant Employees
February 27, 2013 | EEOC, Currents - Employment Law
2012 EEOC Charge Filing Stats Are In
January 30, 2013 | EEOC, Currents - Employment Law
The EEOC's Plan of Attack
January 3, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
All I Want For Christmas Are Some Stats
December 20, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Businesses Brace for Another Round of EEOC Challenges
December 20, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Outreach Agreement May Signal EEOC Focus on National Origin Discrimination
December 12, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Census Bureau Release Workforce EEO Numbers
December 5, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Seventh Circuit Rejects EEOC’s Claim of Confidentiality Violations Under the Americans with Disabilities Act
November 26, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Must Abide By 300-Day Rule in Pattern and Practice Case, Says New Jersey Federal Court
October 22, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Educates Teens About Discrimination and Harassment in the Workplace
September 20, 2012 | EEOC, Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Unverified EEOC Filing Not Good Enough, Says Northern District of Indiana
September 12, 2012 | EEOC, Employment Discrimination, Pregnancy, Currents - Employment Law
Seventh Circuit Reverses Course on Reassignment Accommodation
September 10, 2012 | Employee Health Issues, Currents - Employment Law
EEOC Releases Its Draft Strategic Enforcement Plan Discussing Key Priorities for Fiscal Years 2012-2016
September 5, 2012 | EEOC, Employment Discrimination, Pregnancy, Currents - Employment Law
EEOC Sues Burger King Franchisee Over Employee’s Religious Accommodation Request
August 27, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Obama Nominates Yang for EEOC Commissioner
August 13, 2012 | EEOC, Currents - Employment Law
EEOC's Litigation Focus Includes Cases Involving Teen Workers
August 8, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC General Counsel Discusses Drop in Systemic Case Filings, Announces New Priorities
August 7, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Split Among Federal Circuits Deepens Regarding Administrative Exhaustion of Post-Charge Retaliation Claims
August 3, 2012 | Traditional Labor, Currents - Employment Law
EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition
July 25, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Meeting on Strategic Enforcement Plan
July 17, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Crossing the Minefield of Criminal Background Checks
July 12, 2012 | EEOC, Currents - Employment Law
Are Your Summer Interns Covered By Federal Anti-Discrimination Laws?
June 6, 2012 | Employment Discrimination, Currents - Employment Law, EEOC
Indiana Ranks 13th In EEOC Charges Received by State
May 22, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center
RELATED TOPICS
EEOC
TOP
