F. Notification Regarding Sanctions or Fees Against EEOC

1. Opposing Counsel's Intent to Seek Sanctions or Fees Against EEOC

The Regional Attorney must immediately notify the Sanctions Officer of the Office of General Counsel (OGC) if it receives a written communication (including by electronic mail) from opposing counsel indicating an intent to move for contempt, or to seek sanctions, expenses, or attorney's fees against the Commission or its attorneys under Rule 11, Fed. R. Civ. P., or other authority such as Fed. R. Civ. P. 26(g), 28 U.S.C. § 1927, or the court's inherent powers. OGC's Sanctions Officer is the Associate General Counsel, Litigation Management Services (LMS). The Regional Attorneys must first notify the OGC Sanctions Officer by telephone or e-mail and must then fax or e-mail the communication to the Sanctions Officer. Notice to the Sanctions Officer is not required for written communications indicating an intent to seek sanctions or expenses under Rule 37, Fed. R. Civ. P.

2. Opposing Counsel's Motion for Sanctions or Fees Against EEOC

The Regional Attorney must notify the OGC Sanctions Officer if opposing counsel files a motion for contempt, for sanctions, expenses, or attorney's fees under Fed. R. Civ. P. 11 or 26(g), 28 U.S.C.§ 1927, or other authority, or for attorney's fees under 42 U.S.C.§ 2000e-5(k) or the Equal Access to Justice Act. Notice to the Sanctions Officer is not required of motions for sanctions or expenses against EEOC under Fed. R. Civ. P. 37., but the office's LMS liaison attorney should be notified of motions seeking sanctions under Rule 37(b)(2), (c), or (d).

3. Court's Finding of Contempt or Sanctions Against EEOC and Awards of Attorney's Fees

When the court finds EEOC or one of its attorney's in contempt, sanctions EEOC or an attorney, or awards attorney's fees against the Commission or an attorney, the Regional Attorney must notify the OGC Sanctions Officer immediately by telephone or e-mail, and fax or e-mail a copy of the court order.

The Department of the Treasury is the federal agency responsible for paying attorney's fees and expenses assessed against the EEOC. Section I.G. of this Part of the Manual, Requesting Payment of Fees, Costs, and Sanctions Assessed Against EEOC, explains the process.