EEOC's Presuit Duties Need High Court Clarity

Law360, New York (January 8, 2014, 9:06 PM EST) -- In ruling that employers can't challenge the U.S. Equal Employment Opportunity Commission's efforts to settle claims before filing suit, the Seventh Circuit broke from a trend of courts scrutinizing the agency's presuit actions. Attorneys said Wednesday that the circuit split pushes the issue — which is fundamental to how the agency conducts business — toward the U.S. Supreme Court.

In the agency's gender bias suit against Mach Mining LLC, the appeals court held on Dec. 20 that employers cannot use the EEOC's failure to conciliate as...
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