On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy.1 This lawsuit has been the subject of significant media attention due to the EEOC’s challenge to common provisions included in many standard severance agreements. Like the district judge’s decision, the appellate court panel of three judges resolved the case based on the EEOC’s failure to engage in conciliation required by Title VII of the Civil Rights Act, but also provided important commentary on the merits of the EEOC’s claims.2
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