The Equal Employment Opportunity Commission (EEOC or Commission) has taken another significant step aimed at ensuring stronger Commissioner oversight over the agency’s litigation policy, which for years had been set largely by the agency’s General Counsel (GC) rather than the Commissioners themselves. Under these latest changes, which come on the heels of actions the Commission took last March, the Commissioners must be briefed on every case before a litigation decision is made and by majority vote can insist any particular case come before the Commission for approval.
In addition, the agency adopted revised procedures for approving the EEOC’s participation as an amicus curiae, largely codifying a pilot program initiated last year that gives the Commissioners greater say in the positions taken in agency friend-of-the-court briefs filed in cases in which the Commission is not a party.
Members of the Center for Workplace Compliance (CWC) can read more here.