Here are two employment cases about second-chances. A plan participant who filed an ERISA claim too late under a contractual limitations period is rescued by a decision that the plan violated its duty by not telling the participant about the shortened deadline. The EEOC wins a second opportunity to advance claims on behalf of a class of female victims of harassment, in the wake of Mach Mining, LLC v. EEOC, 135 S. Ct. 1645 (2015).
The EEOC posts a huge win in the Seventh Circuit, with the court holding that the agency's alleged failure to reasonably conciliate a claim with an employer does not pose an affirmative defense to a claim filed by the EEOC in court. In so holding, the circuit creates a split with six other circuits that have heretofore permitted employers to argue such a defense. "While we respect the views of our colleagues in these circuits," the panel holds, "we also recognize our duty to decide our cases independently and to disagree when we must."