Another One Bites The Dust At 'Mach' Speed: EEOC's Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

We've previously blogged about the impact the U.S. Supreme Court's landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be known until federal courts around the country start to weigh in on its utility as a dispositive defense vis-à-vis the Commission's conciliation obligation. In a key case that all employers should read, Judge Lewis T. Babcock of the U.S. District Court for the District of Colorado, relying on Mach Mining, affirmed his prior dismissal of the EEOC's lawsuit based on its conciliation failure before filing suit.

Case Background

In 2014 the EEOC filed suit against CollegeAmerica Denver Inc. alleging, in part, that the Separation Agreements that CollegeAmerica provided to the EEOC in connection with the EEOC's investigation of Debbi Potts' charges of discrimination denied employees other than Potts the full exercise of their rights under the Age Discrimination in Employment Act (the "ADEA") and...