Saying Good-Bye To The Failure To Conciliate Defense? - Seventh Circuit Set To Decide Whether Courts Have Any Power To Review EEOC Conciliations

Will the Seventh Circuit immunize the entire conciliation process from judicial review? It will if the EEOC has its way.

The EEOC is pressing its view that the courts do not have any authority to review how it conducts the conciliation process. It has made this argument in two recent decisions in Illinois district courts.

EEOC Commissioner Chai Feldblum also advanced this point in a panel discussion at the 2013 National ABA EEO conference. “EEOC v. CRST Van Expedited: Effect on the EEOC’s ‘Litigation Vehicles’ and Conciliation Process.” She explained that the EEOC is actively pursuing the position that courts have no authority to review EEOC investigations or conciliations.

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