On April 29, 2015, the U.S. Supreme Court ruled that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory obligation to pursue pre-suit conciliation. The Supreme Court’s decision resolves a split that existed between the circuit courts as to whether courts had the requisite authority to review the adequacy of the EEOC’s conciliation efforts. Yesterday’s decision addresses the issue of how far a judge may delve into whether the EEOC made a “good faith” attempt at conciliation. The previously existing split among the circuit courts resulted in some courts requiring only a minimum level of “good faith,” while other courts required a significant showing that meaningful efforts were pursued. Title VII of the Civil Rights Act of 1964 requires that the EEOC attempt to negotiate a settlement between an employer and the allegedly aggrieved employee prior to suing for judicial remedy.
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