800 F. Supp. 2d 1009
E.D. Ark.2011Background
- EEOC sues Crye-Leike and BAM under Title VII and 42 U.S.C. § 1981a for race discrimination and retaliation; intervening plaintiffs Brown, Martin, Ransom, Robinson, Harvill claim class-wide relief; EEOC alleges destruction of records of black applicants; factual history includes related Fowlkes suit and Robinson suit with third-party claims; conciliation efforts spanned 2009–2010 and culminated in a global settlement proposal rejected by EEOC; Crye-Leike and intervening plaintiffs move for summary judgment on failure to conciliate in good faith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the EEOC’s conciliation failed in good faith. | EEOC conducted meaningful conciliation and engaged class claims. | EEOC acted in bad faith by ignoring class, not addressing settlements, and issuing conciliation failure notices without discussion. | No summary judgment for failure to conciliate; some conciliation shortcomings acknowledged, but not a total failure. |
| Whether dismissal or other sanction is appropriate for failure to conciliate. | N/A | Dismissal would be too draconian; stay or remand for further conciliation preferred. | Dismissal denied; court may continue conciliation efforts or mediation. |
| Whether the court should order resumption of conciliation or set a trial date. | Court should facilitate renewed conciliation. | Conciliation futile after resolution of related motions. | Court directs Crye-Leike to state within 14 days if it desires to return to conciliation or proceed to scheduling. |
Key Cases Cited
- E.E.O.C. v. Trans States Airlines, Inc., 462 F.3d 987 (8th Cir. 2006) (conciliations must be reasonable and allow opportunity to respond to charges)
- E.E.O.C. v. UMB Bank, N.A., 432 F.Supp.2d 948 (W.D. Mo. 2006) (good-faith conciliation requires reasonable and flexible responsiveness)
- E.E.O.C. v. Asplundh Tree Expert Co., 340 F.3d 1256 (11th Cir. 2003) (definition of good-faith conciliation and agency flexibility)
- Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (U.S. 1986) (summary judgment standard: no genuine issue of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard: evidence must show genuine issue for trial)