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B. Redelegation of Litigation Authority
to the Regional Attorneys

1. Scope of Redelegation

The General Counsel has redelegated authority to Regional Attorneys to file and settle direct suits raising claims under Title VII, the Equal Pay Act, and the Age Discrimination in Employment Act that meet the following criteria:

  • projected costs of litigation through trial are less than $50,000;
  • relief is sought for fewer than 20 individuals, including charging parties and other individuals who have been identified or are expected to be identified as victims of discrimination;
  • the case does not fall within any of the categories of cases identified in the NEP over which the Commission has retained sole authority to approve litigation.

Prior to filing suit under their redelegated authority, Regional Attorneys must comply with the notice of intent procedures described in subsection C. below.

2. Limits of Redelegation

The following categories of cases, although delegated to the General Counsel under the NEP, are not redelegated to the Regional Attorneys and must be submitted to the Office of General Counsel for a litigation determination by the General Counsel:

  • all interventions;
  • all cases raising a claim under the Americans with Disabilities Act;
  • cases in which the projected costs of litigation through trial equal or exceed $50,000;
  • cases seeking relief for 20 or more individuals, regardless of projected costs.