CHICAGO (Legal Newsline) — The Equal Employment Opportunity Commission (EEOC) can proceed with its sex discrimination action against Mach Mining, the U.S. District Court for the Southern District of Illinois ruled by relying on the U.S. Supreme Court decision in the case.

The EEOC first filed its lawsuit against the Johnston City-based coal mine in 2012, alleging Mach Mining violated Title VII of the 1964 Civil Rights Act by failing to hire any female employees, despite qualified applicants. Mach Mining did not even have female bathroom facilities on site, according to the EEOC.

Mach Mining attempted to dismiss the agency’s action by pointing out supposed failures in the statutorily required pre-suit conciliation process, which allows employers to attempt to come into voluntary compliance before any action in court is taken.

The case made it up to the Supreme Court, which released an opinion stating that any failure by the EEOC to engage in conciliation is not a reason for the case to be dismissed.

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