115 F. Supp. 3d 895
S.D. Ohio2015Background
- EEOC filed suit (Aug 6, 2013) alleging OhioHealth failed to reasonably accommodate Laura Stone and then terminated her due to disability.
- OhioHealth moved for summary judgment, arguing among other things that EEOC had not satisfied the statutory conciliation condition precedent before suing.
- The Court treated conciliation as a threshold issue after briefing and held a status conference; parties submitted supplemental briefs and competing declarations about what transpired during conciliation.
- EEOC submitted a declaration and "bookend" letters (Determination of reasonable cause on Sept 15, 2011; letter declaring conciliation unsuccessful on Oct 14, 2011) and asserted it engaged in conciliation and sent a proposal.
- OhioHealth submitted a declaration from its former counsel asserting EEOC presented a take-it-or-leave-it demand, failed to provide requested information (including the EEOC representative's damage calculation), and declared conciliation failed despite OhioHealth's willingness to negotiate.
- The Court concluded the EEOC did not engage in good-faith conciliation, ordered a 60-day stay, directed EEOC to undertake conciliation, vacated the pretrial conference, administratively closed the case, and warned of sanctions for noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EEOC satisfied the §2000e-5(b) conciliation condition precedent before suing | EEOC says it issued a reasonable-cause determination, exchanged communications, sent a conciliation proposal, held telephone conferences, and then concluded conciliation failed | OhioHealth says EEOC made a take-it-or-leave-it demand, withheld required information (notably the EEOC rep's damages calculation), and declared conciliation futile despite defendant's readiness to negotiate | Court held EEOC failed to show it engaged in good-faith conciliation and therefore did not satisfy the condition precedent; ordered EEOC to conciliate in good faith during a 60-day stay |
| Whether the court may consider defendant's affidavit challenging EEOC's statements about conciliation | EEOC sought to limit inquiry as beyond permissible review and moved to strike parts of defendant's declaration as confidential | OhioHealth relied on its affidavit to show EEOC's conciliation was insufficient and requested court factfinding per Mach Mining | Court allowed consideration of defendant's affidavit and conducted the limited factfinding required; did not accept EEOC's unilateral account as dispositive |
| Whether "bookend" letters alone satisfy conciliation duty | EEOC argued its determination and closure letters and declaration suffice | OhioHealth argued letters without substantive information exchange (e.g., damage calculation) are insufficient | Court held bookend letters alone do not satisfy the duty; absence of required information (damage calculation) supported finding conciliation was a sham |
| Appropriate remedy for failure to conciliate | EEOC argued litigation could proceed; also indicated willingness only for public resolution | OhioHealth suggested court-led conciliation or dismissal | Court stayed the action, vacated conference, administratively closed the case, ordered mandatory good-faith conciliation by EEOC for 60 days, and warned of sanctions including dismissal for noncompliance |
Key Cases Cited
- Mach Mining, LLC v. E.E.O.C., 135 S. Ct. 1645 (2015) (conciliation requirement is mandatory; courts may conduct limited factfinding when employer presents credible contrary evidence and may order EEOC to engage in conciliation if it finds failure)
- Gad v. Kansas State Univ., 787 F.3d 1032 (10th Cir. 2015) (failure to attempt conciliation is a condition precedent, not an affirmative defense)