Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here andhere. As we predicted, the true impact of Mach Miningwill not be known until federal courts around the country start to weigh in on its utility as a dispositive defense vis-à-vis the Commission’s conciliation obligation.  In a key case that all employers should read, Judge Lewis T. Babcock of the U.S. District Court for the District of Colorado, relying on Mach Mining, affirmed his prior dismissal of the EEOC’s lawsuit based on its conciliation failure before filing suit.

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