Law360, New York ( August 22, 2014, 10:26 AM EDT) -- The U.S. Supreme Court's decision to grant certiorari in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission could be a game changer in EEOC litigation. In Mach Mining, the Seventh Circuit ruled that an alleged failure to conciliate is not an affirmative defense to the merits of an employment discrimination suit and that it will not scrutinize the EEOC's presuit obligations, so long as the commission's complaint pleads it has complied with all procedures required under Title VII and that the relevant documents are facially sufficient. By granting certiorari, the Supreme Court is set to weigh in during its next term on the conflicting rulings among circuit courts about the nature of a court's authority and standards for reviewing the EEOC's presuit conduct....
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