VF Jeanswear LP v. Equal Emp't Opportunity Comm'n

This case presents the question whether the Equal Employment Opportunity Commission (EEOC) may continue to investigate an employer's purported wrongdoing after issuing a right to sue notice to a private party who, in turn, has initiated her own litigation. The Seventh and Ninth Circuits have determined that Title VII of the Civil Rights Act of 1964, 78 Stat. 253 , grants the EEOC that power. See EEOC v. Union Pacific R. Co. , 867 F.3d 843 , 848 (C.A.7 2017) ; EEOC v. Federal Express Corp. , 558 F.3d 842 , 851-852 (C.A.9 2009). The Fifth Circuit, on the other hand, has concluded that the plain…