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E.E.O.C. v. MACH MIN., LLC

No. 13-2456.

738 F.3d 171 (2013)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MACH MINING, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 2013.

Attorney(s) appearing for the Case

Deborah L. Hamilton , Attorney, Equal Employment Opportunity Commission, Chicago, IL, Eric A. Harrington , Attorney, Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellant.

David Lawrence Schenberg , Attorney, Robert L. Witcher , Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, St. Louis, MO, for Defendant-Appellee.

Before WOOD, Chief Judge, and KANNE and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Title VII of the Civil Rights Act of 1964 directs the Equal Employment Opportunity Commission to try to negotiate an end to an employer's unlawful employment practices before suing for a judicial remedy. 42 U.S.C. § 2000e-5(b).Mach Mining, LLC, the target of an EEOC lawsuit for sex discrimination in hiring, sees in this statutory instruction an implied affirmative defense in its discrimination case. Mach Mining seeks dismissal of the...

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