Resolving a split among lower courts on the question of whether the U.S. Equal Employment Opportunity Commission’s (EEOC) efforts at conciliation before bringing suit against an employer under Title VII of the Civil Rights Act (Title VII) are open to judicial review, the U.S. Supreme Court has held that courts may review the sufficiency of the Commission’s notice of and opportunity for conciliation but the EEOC has discretion on “how to conduct conciliation efforts and when to end them.” Conciliation is important in EEOC matters, occurring in cases in which the administrative agency finds reasonable cause to believe an employer has violated a statute it enforces. The EEOC may file a lawsuit only if it has been unable to secure a conciliation agreement acceptable to the Commission. In many federal courts, employers sued for discrimination by the EEOC after attempts at conciliation have failed cite flaws in the agency’s conciliation process as a defense to the lawsuit. The Supreme Court emphasized the importance of conciliation within the scheme of Title VII and wrote that absent judicial review, “[t]he Commission’s compliance with the law would rest in the Commission’s hands alone”; however, according to the decision, courts should not do a “deep dive” into the conciliation process. For additional information, please see http://www.jacksonlewis.com/resources.php?NewsID=5143.
United States