EEOC V. MACH MINING

Issue: Labor/Employment
Court: U.S. Court of Appeals for the Seventh Circuit

RLC's Position:
The RLC filed a brief asking the 7th Circuit to affirm the lower court's finding that the Equal Employment Opportunity Commission's (EEOC’s) pre-suit steps, specifically its conciliation efforts, are subject to judicial review.  If the court reaches the issue of the appropriate standard of review, amici  recommend that, at a minimum, the Court should require the EEOC to afford employers a "meaningful opportunity" to settle the case without litigation.

Case Outcome: 
The 7th Circuit held that the EEOC's conciliation efforts are not judicially reviewable and the EEOC's alleged failure to conciliate is not an affirmative defense for employers charged with employment discrimination. The panel reversed the lower court's decision and remanded the case.

Procedural History and Case Documents:

• EEOC Reply Brief filed September 2013
• 7th Circuit Decision issued December 2013

Please use the DOWNLOAD button below to access the RLC's Brief.