The EEOC has voted to reclaim litigation authority that it improperly delegated to its General Counsel three decades ago. Under Title VII and other civil rights laws, the Commission itself is authorized to bring civil actions against private sector employers when discrimination claims can’t be resolved through conciliation.
In the 1990s, the Commission delegated nearly all of this authority to the General Counsel and allowed further re-delegation to regional offices, purportedly for efficiency. In practice, that decision weakened accountability and contributed to lawsuits built on questionable legal theories and inconsistent enforcement positions.
Last week, by a 2-1 vote, the Commission ended this delegation. Under the new procedure, the Commission now will vote on whether to commence or intervene in litigation in nearly all cases, with narrow exceptions for recordkeeping matters and enforcement of settlement agreements.