Category: Employment Discrimination

On September 3rd, the EEOC issued an opinion letter that reversed course on its authority under Section 707 of Title VII of the Civil Rights Act of 1964 to initiate discrimination actions against employers.  The EEOC concluded it does not have the power to sue employers for discriminatory workplace practices without first complying with other procedural steps.  The opinion letter answered two questions: 1) does a pattern or practice claim...

Those of us who deal with the Equal Employment Opportunity Commission on a regular basis sometimes lose track of the fact that it, like the folks we represent as management attorneys, is an employer too.  And, it is subject to many of the same anti-discrimination and anti-retaliation legal requirements as the employers it investigates.  A recent decision from the D.C. Circuit shows that even the EEOC is sometimes required to explain its actions...