A. Transmission of Conciliation Failures to Department of Justice

In transmitting Title VII and ADA conciliation failures against public employers to the Department of Justice for litigation consideration, the legal unit should prepare as an attachment to EEOC Form 256 a memorandum recommending for or against litigation containing a sufficient discussion of the facts and law to support the recommendation. A copy of EEOC Form 256, Transmittal of EEOC Case to the Department of Justice, is shown in the appendix hereto.

Appendix
EEOC Form 256: form256.pdf