Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 17-1828 (7th Cir. 2018)Annotate this Case
Ramos, filed a charge with the Equal Employment Opportunity Commission (EEOC) regarding her severance agreement's broad release of claims and covenant not to sue, with exceptions for “rights that Employee cannot lawfully waive” and for participation “in a proceeding with any appropriate federal, state or local government agency enforcing discrimination laws.” The EEOC abandoned Ramos’s charge by issuing her a right-to-sue letter and, eight months later, filed suit under section 707(a), which it believed granted independent litigation authority for suits against “any person or group of persons … engaged in a pattern or practice ....” 42 U.S.C. 2000e-6(a). While section 707(e)’s incorporation of section 706’s procedural requirements generally requires the EEOC to follow the same pre-suit procedures whether the suit is an individual one or a pattern-or-practice action, the EEOC believed that a distinction between section 707’s subsections excused it from doing so. Section 707(a), unlike section 707(e), gives the EEOC a right to litigate without an underlying charge or unlawful employment practice, and (EEOC thought) by extension, without first conciliating. The EEOC distinguished between section 707(a)’s reach to “any person or group of persons” and section 707(e)’s limitation to employers. In 2015, the Seventh Circuit held that conciliation is necessary under both sections. The district court subsequently awarded $307,902.30 in attorneys’ fees, finding that EEOC had taken a position contrary to its own regulations. The Seventh Circuit reversed, holding that the Sevdecision impermissibly rested on hindsight.