Commission Votes: Glossary

Federal Sector Appellate Decisions

Federal sector appellate decisions are written decisions that set forth the EEOC’s decision on an individual’s appeal. Only certain federal sector appellate decisions are voted on by the Commission.

Federal sector decisions are randomly assigned pseudonyms which replace the Complainant's name when the decision is published to the Commission's website. In some federal sector appeals the Equal Employment Opportunity Commission (EEOC) is both the respondent agency and the adjudicatory authority. 

Litigation Recommendation

In certain instances, the Commission may bring a civil action against a respondent named in a charge of discrimination. Certain types of litigation require a Commission vote. Litigation recommendations are proposals, submitted by the General Counsel, for Commission approval to commence or intervene in litigation.

Litigation Recommendation - Case Presented to Commission Pursuant to Paragraph 1 of Resolution

The Commission’s Resolution on Delegation of Litigation Authority provides in Paragraph 1 that the Commission is required to vote on certain types of cases. Please see the Resolution on Delegation of Litigation Authority for a complete listing of the types of cases that fall under this category. 

Litigation Recommendation - Vote Requested Pursuant to Paragraph 2 of Resolution

Paragraph 2 of the Commission’s Resolution on Delegation of Litigation Authority provides that the General Counsel shall transmit any cases that do not fit directly within the criteria of Paragraph 1 to the Commissioners for a five-business day review period. If, during the five business days, a majority of the Commissioners requests that the case be submitted to the Commission for a vote, the General Counsel shall submit the case to the Commission for a vote for approval before filing.

Notice of Rescission

Guidance documents, which were originally adopted by Commission vote, can be rescinded only by Commission vote and approval. An example of a document that would be rescinded is a document that no longer reflects the current state of the law.

Petition to Revoke or Modify a Subpoena

Pursuant to the EEOC’s procedural regulations, any person served with an EEOC subpoena who intends not to comply shall petition to seek the subpoena’s revocation or modification. 29 C.F.R. § 1601.16(b). When a petition to revoke or modify a subpoena is submitted to the EEOC, the Commission votes on the EEOC’s determination on the petition to revoke or modify a subpoena.

Recommendation to Participate as Amicus Curiae

In order for the General Counsel to submit an amicus brief, also known as a “friend of the court” brief, in a case in which the Commission is not a party, a recommendation to participate as amicus curiae must be voted on and approved by the Commission.

Request for Hardship Exemption EEO Survey

The EEOC collects workforce data from certain employers. Pursuant to regulation, if an employer claims that the preparation or filing of an EEO report/survey would create an undue hardship, the employer may apply to the Commission for an exemption from the requirement to file the EEO report.