Mach Mining v. EEOC

On January 13, 2015, the Court will hear arguments in  Mach Mining v. Equal Opportunity Employment Commission (No. 13-1019). The case originated in 2008 in Illinois after a woman filed a complaint with the EEOC alleging that Mach Mining had refused to hire her for a mining job because of her gender.  The agency investigated and found there was reasonable cause to believe Mach Mining had discriminated against a class of female individuals.  In 2010, the EEOC notified Mach Mining of its intent to begin informal conciliation.  The company and the EEOC discussed possible resolutions, but they never reached one.  In 2011, the EEOC notified Mach Mining that it had determined the conciliation process had been fruitless and further efforts would be futile.

The EEOC commenced a lawsuit and Mach Mining denied the discrimination and alleged several “affirmative defenses.”  On appeal to the Seventh Circuit, the only issue was whether the EEOC had failed to conciliate in good faith.  Due to some certain issues, the district court certified the case to the court of appeals on an interlocutory appeal.

The Court of Appeals for the Seventh Circuit held that the statutory scheme regarding discrimination did not require the EEOC to attempt conciliation prior to commencing a lawsuit against a company for discrimination.  The circuit court concluded that “[a]n implied failure-to-conciliate defense also runs flatly contrary to the broad statutory prohibition on using what was said and done during the conciliation process “as evidence in a subsequent proceeding.  The Seventh Circuit noted that it “disagree[d] with [its] colleagues in other circuits” in holding the statutory directive to the EEOC to negotiate first and sue later does not implicitly create a defense for employers who have allegedly violated Title VII of the Civil Rights Act.

The Supreme Court will decide whether Title VII requires conciliation prior to the EEOC commencing a lawsuit against a company who allegedly violated the Civil Rights Act.