The EEOC has quietly adopted a policy that will allow its general counsel (or acting equivalents) to file amicus briefs when the agency lacks a quorum. Previously, the Commissioners had to approve the agency’s participation as amicus curiae in litigation, so the EEOC was unable to file amicus briefs during extended periods, as seen in 2025.
This authority applies only to positions previously adopted by the Commission — through regulation, policy, or prior amicus briefs — and does not permit changes to established policy.
The resolution passed on a party-line vote, with Republican Commissioners in favor and the lone Democrat opposed.
The policy shift will enable the agency to continue advocating its established positions in court, ensuring continuity and influence even during leadership vacancies. This change is expected to make the EEOC more agile in advancing the Administration’s policy agenda.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.