On February 22, 2019, the U.S. Equal Employment Opportunity
Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update
and amend procedural regulations to fully digitize the EEOC's
charge processing and records systems, clarify the meaning and
significance of a "no cause" determination, and delegate
the issuance of dismissals to lower-level EEOC employees. This NPRM
triggered a 60-day public review and comment period. If the
proposed rule becomes final, it could result in increased charge
activity and subsequent litigation.
Fully Digitizing the EEOC's Filing System
Perhaps the most significant proposal is to fully digitize the
charge processing and records system. This would permit charging
parties and respondents to submit documents, receive notices, and
communicate with the EEOC in real time, presumably expediting
charge administration. The easier those communications become, the
more likely charging parties are to pursue potential claims.
