In a landmark ruling, the 7th Circuit Court of Appeals held this week that employers cannot challenge, nor can courts review, the adequacy of EEOC conciliation efforts before filing a lawsuit.
The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing federal employment discrimination laws, from investigating complaints through mediated settlement, conciliation or in some cases, taking the charge to court.
Title VII requires the EEOC to “endeavor to eliminate alleged unlawful employment practices by informal methods of conference, conciliation and persuasion.” However, when these methods fail and they are unable to reach an agreement acceptable to the commission, they may take the case to court.
The case involved a mining company that had failed to hiare female miners, even though there were qualified applicants. They company defended the case, by accusing the EEOC of inadequate conciliation before suing.
This ruling helps to ensure that employers cannot draw out litigation unnecessarily, impeding the rights of employees to have their day in court. While the EEOC still strives to reach resolutions before going to trial, this ruling ensures that employers who are unwilling to productively engage in settlement talks aren’t also able to drag their feet, slowing down a final judgment for the employee.
If you have questions about filing a charge or responding to a charge filed with the EEOC, contact an experienced Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
