7th Circ. Boots Failure-To-Conciliate Defense In EEOC Row

Law360, Los Angeles (December 20, 2013, 8:21 PM EST) -- Breaking with other federal appellate courts, the Seventh Circuit ruled Friday that employers cannot allege the U.S. Equal Employment Opportunity Commission didn’t work hard enough to reconcile disputes before suing the companies.

The three-judge panel found that allowing employers to dispute the thoroughness of the EEOC’s conciliation attempts added a mechanism of defense for employers who were breaking laws against discrimination of workers, calling the litigation over whether the EEOC tried hard enough to settle “protracted and ultimately pointless.”

The failure-to-conciliate defense goes against the statutory...
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