When it comes to class litigation, the Equal Employment Opportunity Commission has a reputation for suing first and asking questions later. Now an employer is crying foul. In a case that could rewrite the ground rules for high-stakes EEOC litigation, Mach Mining LLC has asked an appeals court to take a hard look at the agency’s efforts—or lack thereof—to settle complaints before heading to court.
The EEOC sued Mach in 2011 for sex discrimination, alleging that the company has never hired a woman miner. But Mach claims that, before suing, the EEOC refused to explain its settlement demands, wouldn’t meet, and cut off negotiations. Mach wants the court to toss the suit as a result.
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