On April 29, 2015, the United States Supreme Court ruled that the U.S. Equal Employment Opportunity Commission must try to conciliate with an employer before suing the employer for unlawful employment practices. Mach Mining v. EEOC, 575 U.S. __ (2015). The EEOC may fulfill this precondition by providing the employer with notice of the allegations against it and an opportunity to cure the alleged violations of employment law. The Supreme Court also ruled that the issue of whether conciliation was attempted is subject to judicial review.
The applicable legal standard–referred to by the Supreme Court as the “manageability standard–” may be met with a sworn affidavit. If there was no attempt to conciliate, the appropriate remedy is to send the case back to the EEOC.