On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to review the Equal Employment Opportunity Commission’s (“EEOC’s”) compliance with its statutory obligation to attempt conciliation before filing suit. The Court held that federal courts have the authority to review the EEOC’s efforts, but that this review must be narrow: courts are authorized to review only whether the EEOC gave the employer adequate notice of its findings and an opportunity to discuss conciliation. The decision does not provide employers with a basis to challenge the EEOC’s conciliation efforts on the ground that, having provided the opportunity to discuss settlement, the EEOC then failed to engage in settlement discussions in good faith.

A. Background -

Under Title VII, plaintiffs asserting employment discrimination claims must first file a charge with the EEOC in order to obtain relief. The EEOC is then required to undertake an investigation of the charge. Where the EEOC finds that there is “reasonable cause” to believe that discrimination took place, the EEOC must “endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” 42 U.S.C. § 2000e-5(b). If the EEOC is unable to obtain a settlement through conciliation, it may then either bring a lawsuit against the employer or issue a notice of a right to sue letter that will allow an employee to bring suit on his or her own behalf.