New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline

Seyfarth Synopsis: An in-depth analysis by Seyfarth Shaw sheds new light on how quickly the EEOC moves matters from letter of determination, through conciliation, to litigation.  For charges that result in litigation, the EEOC spends, on average, just over two months in conciliation.  After declaring that conciliation has failed, the EEOC takes, on average, about three months to file suit.  However, there are notable differences in speed among the EEOC's district offices.

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Employers on the wrong side of an EEOC enforcement action know all too well that there is little rhyme or reason to the timeline from investigation to litigation.  The EEOC issues Performance and Accountability Reports for each fiscal year.  Those reports can yield useful insights into the EEOC's strategic priorities, as well as the volume of charges and litigation matters it brings.  However, the EEOC has never reported information that shows how long a charge typically is in the pipeline