Equal Employment Opportunity Commission v. Canadian Indemnity Co.

MEMORANDUM AND ORDER

This cause is before the court upon defendant Canadian Indemnity Company’s Motion for Partial Summary Adjudication, filed January 16, 1976, and plaintiff Equal Employment Opportunity Commission’s Motion for Stay of Proceeding, filed January 19, 1976. The matter was heard on February 2, 1976. The court has read the pleadings and memoranda of law on file and has considered the oral argument of counsel.

42 U.S.C. § 2000e-5(f)(l) provides in part:

Failure to achieve conciliation is therefore a jurisdictional prerequisite that must be satisfied before the Commission may file a civil action. Defendant Canadian Indemnity contends that this prerequisite was not met as to three of the Commission’s four claims for relief because defendant had expressed its willingness to accede to three similar demands presented as part of the Commission’s proposed conciliation agreement. This contention lacks merit.

First, 28 C.F.R. § 1601.22 governs conciliation agreements and provides in part:

No written conciliation agreement was executed pursuant to this section.

Moreover, defendant Canadian Indemnity did not, as it contends, “unequivocally and totally” accept the proposals…