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EEOC v. Mach Mining, Inc.

Articles Discussing Case:

Seventh Circuit Says Employers Cannot Defend Themselves by Claiming EEOC Failed to Conciliate a Charge

Phelps Dunbar LLP • January 09, 2014
In EEOC v. Mach Mining, LLC, No. 13-2455 (7th Cir. Dec. 20, 2013), the Seventh Circuit held that employers may not defend against an EEOC-filed lawsuit by claiming that the EEOC failed to comply with its statutory obligation to conciliate in good faith.

"Failure to Conciliate" Not a Defense to EEOC Lawsuits, Seventh Circuit Holds

Franczek Radelet P.C • December 30, 2013
Breaking ranks with every other federal appellate court to address the issue, the Federal Court of Appeals for the Seventh Circuit has ruled that an employer cannot defend a lawsuit brought by the EEOC by contending that the EEOC failed to engage in reasonable conciliation prior to filing suit. See EEOC v. Mach Mining, Inc. In so holding, the court created a split with six other circuits that have recognized such a defense. The Seventh Circuit covers Illinois, Wisconsin and Indiana.