If an EEOC charge cannot be settled, what may the EEOC do next?

If an EEOC charge cannot be settled, what may the EEOC do next?

• A. Bring a lawsuit against the employer
• B. Attempt to issue penalties against the employer
• C. Close the case without action
• D. Refer the matter to another agency

Answer: (A)

When conciliation fails, the EEOC has the authority to file a civil action in federal court against the employer to enforce the anti-discrimination laws and obtain remedies for the charging party. This is the mechanism the agency uses to move forward after settlement attempts don’t resolve the charge. The EEOC does not impose penalties; it pursues remedies through litigation or, in some cases, issues a right-to-sue letter enabling the complainant to sue on their own. Referring the matter elsewhere or simply closing the case aren’t the typical next steps when there is a substantiated claim that couldn’t be settled.

When conciliation fails, the EEOC has the authority to file a civil action in federal court against the employer to enforce the anti-discrimination laws and obtain remedies for the charging party. This is the mechanism the agency uses to move forward after settlement attempts don’t resolve the charge. The EEOC does not impose penalties; it pursues remedies through litigation or, in some cases, issues a right-to-sue letter enabling the complainant to sue on their own. Referring the matter elsewhere or simply closing the case aren’t the typical next steps when there is a substantiated claim that couldn’t be settled.