What's Happening?
The U.S. Equal Employment Opportunity Commission (EEOC) has implemented a new resolution requiring commissioners to approve most litigation actions, shifting authority from the general counsel. This decision, passed by a 2-1 vote, allows commissioners a five-
or seven-day window to vote on proposed lawsuits, depending on the case type. The general counsel retains limited authority over specific cases, such as recordkeeping and settlements. This move is seen as a shift towards a more centralized and consistent litigation strategy, aligning with the current administration's civil-rights priorities, including national-origin discrimination and challenges to DEI programs.
Why It's Important?
This change in the EEOC's litigation process could lead to a more uniform enforcement approach across the nation, potentially increasing the number of significant cases related to civil rights. Employers and HR teams may face heightened scrutiny and should prepare for more active enforcement by conducting proactive audits of their hiring, pay, and recordkeeping practices. The resolution reflects a broader trend of centralizing decision-making within federal agencies, which could impact how businesses navigate compliance and legal risks.
What's Next?
As the EEOC begins to implement this new approval process, businesses should anticipate a potential increase in litigation related to civil rights issues. Companies may need to adjust their compliance strategies to align with the EEOC's priorities and avoid legal challenges. The resolution could also prompt discussions about the balance of power within federal agencies and the implications for regulatory enforcement. Observers will be watching to see how this change affects the EEOC's ability to address discrimination and other workplace issues.
