It’s Not Just A Speed Bump: The EEOC Loses Another Battle In Its War On The Mandatory Conciliation Process

The EEOC has been consistent in its message about conciliation: nobody should tell us how to conciliate our cases, not even the courts.

Conciliation is a mandatory step the EEOC must take before filing a case in federal court. It is designed to allow employers an opportunity to fix potential problems before the government resorted to costly litigation, But consistent with its aggressive position asserted in the Illinois federal courts and before the Seventh Circuit, the EEOC recently brought the fight to defendants’ failure-to-conciliate affirmative defense in the U.S. District Court for the Southern District of Texas, insisting the courts have no oversight of what happens in that critical conciliation process. In EEOC v. Bass Pro Outdoor World, LLC, et al., Case No. 11-CV-3425 (S.D. Tex. Oct. 2, 2013), Judge Keith Ellison held his ground, though, holding that Fifth Circuit law plainly allows judicial review of the EEOC’s conciliation attempts.

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