The EEOC must make a good faith effort to conciliate a charge of discrimination as a prerequisite to filing suit. The scope of the EEOC’s effort is subject to judicial review.

Following the EEOC’s filing of an administrative charge and an allegation of a failed conciliation, the EEOC brought suit against FAPS, alleging that its pre-offer of employment medical inquiry was a per se violation of both Title VII and the ADA. In opposition to the EEOC’s motion for summary judgment, FAPS asserted that the action was procedurally defective because the EEOC had not satisfied its conciliation requirement. The District Court concluded that the validity of the conciliation efforts was subject to judicial review and that FAPS had established the existence of a material issue of fact such that summary judgment was inappropriate.

Case Law Alerts, 1st Quarter, January 2015