Employment Litigation · Primary-source case analysis
Mach Mining: Courts May Review Whether the EEOC Attempted Conciliation
Decision: Mach Mining, LLC v. EEOC, 575 U.S. 480 (2015).
The Supreme Court decided Mach Mining on April 29, 2015. It explains how narrowly courts review whether the Equal Employment Opportunity Commission (EEOC) tried to resolve a discrimination charge before suing.
The employer challenged the pre-suit effort
After finding reasonable cause on a sex-discrimination charge, the EEOC sent letters initiating and later ending conciliation, then sued. Mach Mining argued that the agency had not conciliated in good faith; the EEOC contended its efforts were unreviewable.
The statutory duty is reviewable
Congress imposed a mandatory obligation to endeavor to resolve the alleged practice through informal conference, conciliation, and persuasion. The ordinary presumption of judicial review therefore applied, even though the agency retained substantial discretion.
Review is limited to notice and opportunity
The EEOC must inform the employer of the specific allegation, including what the employer allegedly did and which person or class was affected, and must try to engage the employer in discussion. Courts may verify those minimum steps but may not grade negotiation strategy or impose a detailed good-faith code.
The remedy is renewed conciliation
A sworn EEOC affidavit stating that it provided the required information and tried to discuss resolution should establish compliance unless the employer presents concrete contrary evidence. Such evidence requires the court to resolve that limited factual dispute. If the agency failed, the court should order the required conciliation opportunity rather than dismiss the underlying discrimination claim outright.
Key takeaways
- Confirm the notice identifies the practice and affected group.
- Preserve concrete evidence if no discussion opportunity occurred.
- Do not demand judicial review of bargaining tactics or settlement positions.
- Expect a stay and renewed conciliation as the ordinary remedy.
Review EEOC pre-suit conciliation and charge records
Mishra X Trial Lawyers can review administrative charge notices, EEOC conciliation correspondence, and pre-suit records to assess statutory conciliation requirements. Call (949) 343-9735 or email office@mishrax.com.