BREAKING: EEOC Loses Separation Agreement Lawsuit on Technicality

This just in . . . the opinion in EEOC v. CVS. I blogged about two weeks ago that the EEOC had lost this case. Now we know why. Unfortunately, it has nothing to do with the terms of CVS's separation agreements (i.e. the basis for the lawsuit, explained here). Instead, the Court ordered judgment for CVS on the basis that the EEOC failed to participate in the conciliation process.

A rather disappointing ending to an otherwise exciting case. Will the EEOC float another test case? Or is the "war on separation agreements" over before it ever began? I guess we'll see . . . .

HT: Jeff Nowak via Twitter:

#EEOC could not bring suit vs. #CVS b/c it didn't engage in conciliation: https://t.co/CELSB9qSgx #HR #SHRM #emplaw #abalel
— Jeff Nowak (@jeffreysnowak) October 8, 2014