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Can the EEOC Be Trusted to Police Its Own Compliance?
Under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. See 42 U.S.C. ' 2000(e)-5(f)(1). This conciliation process often works to the benefit of employers, the Commission, and the individuals whom it represents by affording them an opportunity to resolve their disputes without the need for protracted and costly litigation.
In some cases, however, the EEOC has approached conciliation in a “take-it-or-leave-it” manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer. Take, for example, EEOC v. Ruby Tuesday, Inc., where the EEOC demanded that a restaurant, which was the subject of a sexual discrimination charge, pay more than $6 million to resolve the matter, but gave the employer less than two weeks to accept before the EEOC rushed to the courthouse. 919 F. Supp. 2d 587 (W.D. Pa. 2013).
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