Gerald Maatman, Christopher DeGroff and Alex Karasik authored an article in Law360

Gerald Maatman, Christopher DeGroff and Alex Karasik authored "Clarifying EEOC’s Obligation For Presuit Conciliation," an article in Law360 published January 20. The article discusses how employers have increasingly challenged instances where the EEOC attempts to use its investigations as fishing expeditions, or runs to the courtroom without first trying to conciliate claims. One example of this is the high-profile EEOC v. Bass Pro Outdoor World LLC race discrimination litigation.

Recently, the U.S. District Court for Southern District of Texas denied the EEOC’s motion for a ruling that would have allowed it to include claims in its lawsuit for individuals who had not yet applied to work for Bass Pro at the time conciliation took place. For employers confronted with EEOC litigation, this ruling is a positive signal that at least some courts may be unwilling to allow to the EEOC to add claimants with whom it never conciliated.