Supreme Court Asked To Weigh In On EEOC Conciliation Effort Requirements

The Supreme Court is being called on to create a cohesive national standard for what conciliation efforts by the EEOC are considered adequate before the agency can sue employers for violations. The Seventh Circuit recently shot down one employer’s claim that the EEOC failed to properly exhaust conciliation efforts before suing, saying the standards for appropriate conciliation efforts – which vary between jurisdictions – are providing a cover for companies looking to escape lawsuits for violations. The ruling contradicted rulings by eight other circuit courts. If the Court finds in favor of the Seventh Circuit, Welter Law Firm attorney Eric A. Welter says, employers may lose a key defense against discrimination suits.