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).
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