Mach Mining v. EEOC
The Supreme Court will determine the extent to which courts can review efforts by the Equal Employment Opportunity Commission (“EEOC”) to informally mediate discrimination claims before filing a lawsuit. Mach Mining, LLC argues that judicial review of the EEOC’s pre-suit conciliation efforts is permissible pursuant to the statutory language of 42 U.S.C. § 2000e-5(b). Contrarily, the EEOC asserts that Congress did not intend for judicial review of the EEOC’s pre-suit conciliation efforts. The Supreme Court will have the opportunity to resolve a circuit split regarding judicial review of the EEOC’s pre-conciliation efforts. Further, the Supreme Court will clarify the boundaries of the EEOC’s responsibilities in the conciliation process.
Questions as Framed for the Court by the Parties
Whether the court can impose the mandatory requirement of conciliation on the EEOC before the organization to file a civil discrimination suit?
In 2008, a woman filed a complaint with the Equal Employment Opportunity Commission (“EEOC”). See EEOC v. Mach Mining Inc., 738 F.3d 171, 173 (7th Cir. 2013). The woman alleged that Mach Mining, LLC (“MM”) denied her a job because of her sex.