If conciliation fails, the EEOC will either sue the employer or close the case and issue a right to sue letter.

If conciliation fails, the EEOC will either sue the employer or close the case and issue a right to sue letter.

• A. Sue the employer
• B. Dismiss the case
• C. Close the case and issue a right to sue letter
• D. Issue a consent decree

Answer: (C)

The situation hinges on what the EEOC does after the conciliation attempt fails. Conciliation is the agency’s good-faith effort to settle the charge without litigation. When that attempt doesn’t produce a settlement, the EEOC has two possible paths: it can file a lawsuit in federal court, or it can close the case by issuing a Notice of Right to Sue to the charging party. Issuing this right-to-sue notice means the case is closed at the agency level, but the individual who filed the charge can bring a private lawsuit in court within a set time frame (often 90 days). This option preserves the charging party’s right to pursue the matter without requiring the EEOC to proceed with litigation. So, after conciliation fails, closing the case and issuing a right-to-sue letter is a valid and common outcome, representing a shift from agency action to allowing private litigation. The alternative—suing the employer—can occur as a separate path if the EEOC decides to pursue litigation, but it isn’t the only result, and the right-to-sue path is the standard mechanism for ending the agency’s involvement while preserving the claimant’s rights. Consent decrees are remedies tied to court actions, not immediate agency outcomes after failed conciliation.

The situation hinges on what the EEOC does after the conciliation attempt fails. Conciliation is the agency’s good-faith effort to settle the charge without litigation. When that attempt doesn’t produce a settlement, the EEOC has two possible paths: it can file a lawsuit in federal court, or it can close the case by issuing a Notice of Right to Sue to the charging party. Issuing this right-to-sue notice means the case is closed at the agency level, but the individual who filed the charge can bring a private lawsuit in court within a set time frame (often 90 days). This option preserves the charging party’s right to pursue the matter without requiring the EEOC to proceed with litigation.

So, after conciliation fails, closing the case and issuing a right-to-sue letter is a valid and common outcome, representing a shift from agency action to allowing private litigation. The alternative—suing the employer—can occur as a separate path if the EEOC decides to pursue litigation, but it isn’t the only result, and the right-to-sue path is the standard mechanism for ending the agency’s involvement while preserving the claimant’s rights. Consent decrees are remedies tied to court actions, not immediate agency outcomes after failed conciliation.