The Equal Employment Opportunity Commission has voted to reclaim litigation authority that it improperly delegated to its General Counsel three decades ago.
The Commission adopted the new procedure by a 2 to 1 vote January 22. Now, in nearly all cases, the Commission will vote on whether to commence or intervene in litigation. There will be narrow exceptions for recordkeeping matters and enforcement of settlement agreements.
Title VII and other civil rights laws authorize the Commission itself to bring civil actions against private-sector employers when conciliation cannot resolve discrimination claims. In the 1990s, purportedly to enhance efficiency, the Commission delegated nearly all this authority to the EEOC’s General Counsel and allowed further re-delegation to regional offices. However, that practice weakened accountability and contributed to inconsistent enforcement positions and lawsuits built on questionable legal theories.
The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will hold a 2026 Workplace Policy Conference to discuss the practical implications of this change and its likely impact on the EEOC’s broader enforcement priorities. CWC members can read more here.