Mach Mining and the Future of the EEOC's Duty to Conciliate in Good-Faith Prior to Civil Litigation
It is critical that employers understand that the Equal Employment Opportunity Commission (“EEOC” or “Commission”) enjoys a very wide latitude of authority in handling a discrimination charge – particularly during the post-investigation but pre-suit period.
Last year, individuals filed over 100,000 charges of Title VII violations with the EEOC, thousands of which the Commission has – and continues – to aggressively investigate and pursue. A problem arises, however, when the EEOC’s zealousness translates into unreasonable conciliation demands that deadlock the potential resolution of these claims prior to the filing of a lawsuit.
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