Seventh Circuit Gives Employers A Lump of Coal And Says Bye-Bye To Failure To Conciliate Defense

The Seventh Circuit just gave the EEOC a very generous present this holiday season. In what is truly a game changing decision published last night, the Seventh Circuit ruled EEOC v. Mach Mining, No. 13-2456 (7th Cir. Dec. 20, 2013), that an alleged failure to conciliate is not an affirmative defense to the merits of a discrimination suit.

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