EEOC Update: The Commission Issues New Litigation Delegation And Amicus Curiae Procedures

Seyfarth Synopsis: On January 14, 2021, the EEOC approved and issued newly updated procedures regarding its delegation of litigation authority and procedures, as well as its revised procedures for participating in cases as amicus curiae. These changes, first reported by us here, have been long-awaited and are a stunning change to the framework of how EEOC lawsuits get filed against employers.

The purpose of these now-approved procedures appears to be an effort to rein in many of the powers previously held by the EEOC's General Counsel, and in turn the Regional Attorneys, who previously held considerable discretion over the types of lawsuits that would be filed by the Commission and the legal positions the EEOC would advance. Stated otherwise, it shifts that power and discretion to the five Commissioners themselves.