The EEOC Continues Fight To “Shut Down” Judicial Review Of Conciliation Process

While the Federal Government is shut down for now, the EEOC is trying shut down courts ability to review its conciliation efforts for good. As we previously reported here, the EEOC has aggressively pursued this theory by attacking defendants’ failure-to-conciliate affirmative defenses in two recent district court cases in the Seventh Circuit — in EEOC v. Mach Mining, LLC, No. 11-CV-879-JPG-PMF, 2013 WL 319337 (S.D. Ill. Jan. 28, 2013), and EEOC v. St. Alexius Medical Center, No. 12-CV-7646, 2012 WL 6590625 (N.D. Ill. Dec. 18, 2012). On September 27, 2013, the EEOC filed its reply brief in EEOC v. Mach Mining urging the Seventh Circuit to  in support of its interlocutory challenge to a lower court’s ruling that the EEOC’s conciliation and investigation efforts are subject to at least some level of review.

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