Employment Law Blog

News, trends and analysis in employment law and HR

Jul 24, 2015

Supreme Court says EEOC must negotiate before suing

Harassment & Discrimination 

The Equal Employment Opportunity Commission (EEOC) must make some attempt to informally resolve discrimination complaints under Title VII before filing a lawsuit, ruled the U.S. Supreme Court.

Title VII requires the EEOC to use “conference, conciliation, and persuasion.” The Court ruled  that the EEOC “must tell the employer about the claim—essentially, what practice has harmed which person or class—and must provide the employer with an opportunity to discuss the matter in an effort to achieve voluntary compliance.”

The negotiations don’t have to be extensive, but the Court said judges have the power to review whether the EEOC at least tried to discuss the case with the employer before dashing off to court (Mach Mining, LLC v. EEOC, US, April 2015).

Tips: Vigilant membership includes assistance with EEOC responses. If you receive a complaint from the EEOC or a state civil rights agency, contact your Vigilant employment attorney right away. You may also review previous blogs on harassment and discrimination in the workplace to gain further insight.

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