Employee Relations Law Journal
"Supreme Court Takes Up Judicial Review of EEOC Conciliation Efforts with Mach Speed"
Are the pre-lawsuit conciliation efforts of the Equal Employment Opportunity Commission (EEOC or Commission) with respect to claims under Title VII of the Civil Rights Act of 1964 (Title VII) subject to judicial review? The Seventh Circuit has held that Title VII permits no judicial review. By contrast, the eight other circuits that have considered the question have held that the EEOC’s efforts to settle discrimination claims may be the subject of judicial review. The Supreme Court has granted certiorari and will soon resolve this circuit split.