Cases of Note
EEOC v. Crye-Leike, Inc., No. 4:10-cv-02070-SWW, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 800 F. Supp. 2d 1009; 2011 U.S. Dist. LEXIS 85752
In this case, Defendant and intervening plaintiffs sought summary judgment of an EEOC’s action on the basis of its failure to conciliate charges of racial discrimination and retaliation in good faith. The parties had reached a settlement agreement when the EEOC issued notices of conciliation failure. As the preferred remedy for a failure to conciliate was not a dismissal but a stay of the action to permit conciliation and as the EEOC did make some efforts at conciliation, dismissal was not warranted.
OUTCOME: Defendant and intervening plaintiffs' joint motion for summary judgment denied. Defendant had 14 days to inform the court whether it sought to return to conciliation or whether it wished to set a trial date.