In EEOC v. CVS Pharmacy, Inc.,No. 14-3653 (7th Cir. Dec. 17, 2015), the Equal Employment Opportunity Commission claimed that CVS had engaged in a pattern or practice of resistance to the full enjoyment of their employees’ Title VII rights by conditioning severance pay on an employee signing a separation agreement that waived all claims under Title VII and limited the employee’s ability to cooperate with the EEOC. The district court granted summary judgment in favor of defendant, holding that the EEOC had failed to engage in pre-suit conciliation procedures, and expressing skepticism that the EEOC could bring a “pattern or practice” claim without alleging that defendant had actually engaged in discriminatory employment practices. The Seventh Circuit affirmed, rejecting the EEOC’s argument that it need not comply with pre-suit procedures set forth in Section 706 of Title VII when bringing a “pattern or practice of resistance” claim under Section 707 of Title VII. The court held that the EEOC was required to engage in the same pre-suit conciliation procedures when bringing a “pattern or practice” claim under Section 707 as it was when bringing a discrimination claim under Section 706. The court further concluded that because the EEOC did not allege that defendant had actually engaged in discrimination or retaliation by offering the severance agreements to terminated employees, the EEOC failed to state a claim on which relief can be granted.