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Conference, Conciliation, And Persuasion: The Seventh Circuit's Groundbreaking Approach To Analyzing The Eeoc's Pre-Suit Obligations, Lisa M. Deleon

Seventh Circuit Review

In EEOC v. Mach Mining, LLC, the Seventh Circuit sharply diverged with its sister circuits when it held that the Equal Employment Opportunity Commission (EEOC)'s statutorily mandated conciliation process is immune from judicial review. In Mach Mining, the Seventh Circuit addressed the provision contained in Title VII of the Civil Rights Act of 1964 that requires the EEOC to engage in "informal methods of conference, conciliation, and persuasion" with an employer before it can file a discrimination lawsuit against that employer. These pre-suit negotiations, or "conciliation," provide an opportunity for the EEOC to reach an out-of-court agreement with …