Bass Pro Conciliation Decision Could Open A Can Of Worms For Both EEOC And Employers

Over the past year, the EEOC has been under fire for its failure to conciliate with employers before filing a case in federal court. Conciliation is a mandatory step the EEOC must take and employers view it as is an essential function of the agency. Conciliation goes to the core of the EEOC’s underlying mission to seek voluntary compliance with anti-discrimination laws as it gives employers an opportunity to fix potential problems before the government resorts to costly litigation.  In a number of cases (here and here), courts have rebuked the EEOC for its failure to reasonably investigate its claims and participate in good faith in the conciliation process.

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