EEOC Reasonable Cause Findings and Conciliation: What Happens Next
Learn what an EEOC reasonable cause Letter of Determination means, how conciliation works, and what happens if conciliation fails.
What an EEOC Reasonable Cause Finding Means
After investigating a charge, the EEOC decides whether there is reasonable cause to believe discrimination or retaliation occurred. Under 29 CFR 1601.21, a reasonable cause determination is based on, and limited to, the evidence the agency gathered, and it does not reflect a judgment on allegations the determination does not address. A cause finding is an agency conclusion at the end of an administrative investigation, not a court judgment, and it does not by itself order the employer to pay anything. It does, however, move the charge into a different stage than a dismissal. This article describes the process for charges under Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act. Age and Equal Pay Act charges follow related but separate rules.
Letter of Determination vs. Dismissal and Notice of Rights
The EEOC explains that if it is unable to conclude there is reasonable cause, the charging party receives a Dismissal and Notice of Rights, which starts a 90-day period to file a lawsuit in federal court. If the EEOC does find reasonable cause, both parties receive a Letter of Determination stating there is reason to believe discrimination occurred and inviting them to join the agency in seeking to resolve the charge through conciliation. A cause finding may cover some allegations and not others, so read the letter carefully to see which claims and which people it addresses. The regulation also lets the EEOC reconsider a dismissal or cause determination on its own initiative, in which case it issues a notice of intent to reconsider. That notice vacates the earlier decision. It also revokes a notice of right to sue only if it is issued within 90 days after the charging party received that notice, before any lawsuit is filed, and the notice was not issued at the charging party's early request; in that case the EEOC later issues a new notice with a new 90-day period. Otherwise, the original notice of right to sue and its deadline remain in effect. The EEOC will not reconsider a cause finding against a government employer after conciliation has failed.
What Conciliation Is
Title VII requires the EEOC, after a cause finding, to try to eliminate the unlawful practice by informal methods of conference, conciliation, and persuasion. Under 29 CFR 1601.24, the agency tries to achieve a just resolution of all violations found and to obtain the employer's agreement to stop the unlawful practice and provide appropriate affirmative relief. Conciliation is a negotiation led by the EEOC, not a hearing. The EEOC does not decide the case against the employer at this stage, and neither side can be forced to sign. An EEOC representative may contact the parties to discuss possible terms.
What a Conciliation Agreement Can Include
The regulation describes the goal as ending the unlawful practice and providing appropriate affirmative relief, and the specific terms depend on the violations found and on what the parties agree to. Depending on the case, terms may address matters such as monetary relief, changes to policies, training, or a corrected personnel record, but no particular term is guaranteed. A successful conciliation is put in writing and signed by the EEOC's designated representative and the parties, and each side receives a copy. Before closing the case, the EEOC obtains proof that the employer complied with the agreement. Review the full written terms, including any release of claims, before signing, because an agreement you sign may affect your right to sue later over the same matters.
Conciliation Discussions Are Confidential
Under 42 U.S.C. 2000e-5(b), nothing said or done during and as a part of the EEOC's informal conciliation efforts may be made public by the EEOC or its staff, or used as evidence in a later proceeding without the written consent of the persons concerned. The EEOC's regulation at 29 CFR 1601.26 repeats that rule, with a limited exception for disclosures to federal, state, or local agencies when appropriate or necessary to carry out the EEOC's functions. This confidentiality is meant to encourage frank negotiation. It is separate from the general rules on what the EEOC may disclose about a charge and from what the parties themselves may agree to keep private in a signed agreement.
What Happens If Conciliation Fails
If the EEOC cannot obtain an acceptable agreement and decides further efforts would be futile or nonproductive, 29 CFR 1601.25 says it notifies the employer in writing that conciliation failed. For a private employer, the EEOC may then decide whether to file its own lawsuit in federal court. For a state or local government employer, Title VII directs the EEOC to refer the case to the Department of Justice, which decides whether to sue. If the EEOC (or, for a government employer, the Department of Justice) decides not to sue, the charging party receives a Notice of Right to Sue and may file a lawsuit in federal court within 90 days. The government does not sue in every case with a cause finding, so plan for the possibility that the next step will be your own lawsuit.
If the EEOC Sues the Employer
When the EEOC or the Department of Justice files suit, Title VII gives the aggrieved person a right to intervene in that case, which can allow them to participate with their own lawyer. In Mach Mining, LLC v. EEOC, 575 U.S. 480 (2015), the Supreme Court held that courts may review whether the EEOC fulfilled its duty to attempt conciliation before suing, but that review is narrow: the EEOC must tell the employer about the claim and give it an opportunity to discuss the matter and achieve voluntary compliance. The Court also noted that the statute's confidentiality rule limits what can be shown about the substance of the negotiations.
Your Rights If You Do Not Sign the Agreement
Under 29 CFR 1601.24(c), when an aggrieved person or member of an affected class is not a party to a conciliation agreement, the agreement does not extinguish or prejudice that person's right to go to court. Title VII also provides that the EEOC must issue a notice of right to sue in certain situations, including when it has not entered into a conciliation agreement to which the aggrieved person is a party within the statutory period. If you are unsure whether proposed terms meet your needs, you can ask the EEOC representative questions, request time to review the written terms, and get independent advice before deciding.
When to Get a Free Consult
Get a free consult if you received a Letter of Determination, if you have been asked to review proposed conciliation terms or a release, if conciliation failed and a notice of right to sue may be coming, or if you learned the EEOC or the Department of Justice filed suit. This article is general information, not legal advice. Outcomes depend on the evidence, the laws involved, the employer, and any related state claims, which may have their own deadlines. You may take part in conciliation without a lawyer, and no lawyer can guarantee what the EEOC, the employer, or a court will do.
Primary Sources
- EEOC: What You Can Expect After You File a ChargeAccessed September 24, 2026
- EEOC: What You Can Expect After a Charge Is Filed (Employers)Accessed September 24, 2026
- 29 CFR 1601.21: Reasonable Cause DeterminationAccessed September 24, 2026
- 29 CFR 1601.24: ConciliationAccessed September 24, 2026
- 29 CFR 1601.25 to 1601.27: Failure of Conciliation, Confidentiality, and Civil ActionsAccessed September 24, 2026
- 42 U.S.C. 2000e-5: Title VII Enforcement ProvisionsAccessed September 24, 2026
- Mach Mining, LLC v. EEOC, 575 U.S. 480 (2015)Accessed September 24, 2026
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