Procedure· 11 min read

What Happens After a Cause Finding: Conciliation, Litigation, and What to Expect

An EEOC cause finding is the best outcome of the administrative process. The federal government's enforcement agency has reviewed the evidence and determined that there is reasonable cause to believe discrimination occurred. Most workers who receive a cause finding don't know what happens next — and the next steps are consequential enough that misunderstanding them can cost real value.

What a Cause Finding Means

A cause finding — formally called a Letter of Determination — states that the EEOC has found reasonable cause to believe that the employer violated federal employment law. It is not a court judgment. It is not binding on the employer or a court. But it is significant: a federal agency has formally concluded, after investigation, that discrimination likely occurred. For settlement purposes, a cause finding substantially strengthens the worker's leverage. Employers who receive a cause finding know that the EEOC's investigation is on the record, that the right-to-sue letter is coming regardless, and that the cause finding itself — while not admissible as conclusive proof — can be presented to a jury and carries weight.

Conciliation: The EEOC's First Move

After a cause finding, the EEOC is required by statute to attempt conciliation — a facilitated settlement between the employer and the worker before litigation is authorized. The EEOC acts as an intermediary, not an advocate for either side. It facilitates a negotiation aimed at reaching a resolution that makes the worker whole and remedies the discriminatory practice. Conciliation is confidential. Statements made during conciliation cannot be used in subsequent litigation. If conciliation succeeds, the charge is closed and the parties are bound by the agreement. If it fails, the EEOC notifies both parties and the worker receives a right-to-sue letter.

When the EEOC Litigates

In a small number of cases — primarily those involving systemic discrimination, significant public interest, or a pattern of violations — the EEOC will file suit in federal court on behalf of the worker after failed conciliation. This is uncommon. The EEOC has limited litigation resources and files suit in fewer than 1% of charges. Workers should not count on the EEOC litigating their individual case. When the EEOC does litigate, the worker is typically named as a class member or affected party rather than a formal plaintiff, and the EEOC controls the litigation. Workers in these cases benefit from the EEOC's resources but may have limited control over the litigation strategy.

What Workers Should Do After a Cause Finding

Retain litigation counsel if you haven't already. The cause finding significantly improves your settlement position, but extracting that value requires skilled negotiation. Evaluate whether the employer's likely response to conciliation — its opening position, its willingness to engage — suggests resolution is possible or litigation is necessary. And be prepared for the possibility that conciliation fails quickly: some employers go through the motions and proceed to litigation as a strategic choice. The cause finding is a milestone, not a finish line. It substantially improves the worker's position, but it's the beginning of the next phase — not the end of the case.

Key takeaways

What a Cause Finding Means
Conciliation: The EEOC's First Move
When the EEOC Litigates
What Workers Should Do After a Cause Finding

Citations

Title VII, 42 U.S.C. § 2000e-5(b) (conciliation requirement) — Cited authority
EEOC Compliance Manual § 38 — Cited authority
EEOC v. Waffle House, Inc., 534 U.S. 279 (2002) — Cited authority

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