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Supreme Court Agrees to Resolve Current Appellate Court Split on EEOC’s Conciliation Obligations

In December 2013, we reported on the Seventh Circuit’s controversial decision in EEOC v. Mach Mining, in which the Court exacerbated the already existing split amongst federal appellate courts regarding the EEOC’s obligation to engage in conciliation of discrimination claims before filing a lawsuit. Last week, the Supreme Court agreed to address whether courts can review the EEOC’s pre-suit conciliation efforts by granting certiorari to hear the Mach Mining case and, hopefully, provide a uniform standard.