EEOC Commission Adopts Resolution to Require Commission Approval of Almost All Litigation

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) voted 2-1 this week to approve a resolution modifying its procedures to initiate or intervene in litigation.

The resolution returns to the EEOC Chair and Commissioners the authority to approve or disapprove new and intervening litigation. The EEOC General Counsel will retain delegated litigation authority in limited circumstances, including during a loss of quorum.

"Congress expressly entrusted the authority to commence or intervene in litigation to the members of the Commission in Title VII of the Civil Rights Act of 1964," said EEOC Chair Andrea Lucas. "Over 30 years ago, the Commission essentially gave that authority away. This week's resolution further builds on work done in the first Trump Administration to restore to the Commission panel the critical responsibility to authorize litigation. The new resolution enables the Commission to directly execute that authority in the vast majority of cases, with the transparency and accountability of the Commission's voting process."

The General Counsel is responsible for submitting cases to the Commission for a vote. The General Counsel otherwise retains delegated authority to initiate litigation in certain limited situations, including to enforce settlements, consent decrees, subpoena enforcement actions, and temporary restraining orders.

For more information on the resolution, see the "What You Should Know About the Commission's Authority to Commence or Intervene in Litigation."

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.