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EEOC Subregulatory Guidance

EEOC subregulatory guidance documents express official agency policy and are used to explain how the laws and regulations apply to specific workplace situations. 

When considering the development of subregulatory guidance, the Commission may hold a public meeting to hear testimony from witnesses, including experts in the issue being examined. Since June 2011, the Commission has also left the meeting record open for 15 days to allow further public input on the topic. 

Where obtaining further public input will aid the Commission's development of a guidance document, the Commission has expanded the tools available to obtain feedback by publishing draft guidance on for public input.

  • Proposed subregulatory policy documents must communicate policy positions the Commission is proposing on important legal issues. These documents are approved by a majority of the Commissioners for the purpose of seeking public input, but they do not establish Commission policy until the Commission approves the final version by a majority vote. 

There are several formats for EEOC Subregulatory Guidance Documents, which are approved by a majority of the Commission:

  • Compliance Manual advises staff on substantive matters of law for use during investigations and in making reasonable cause determinations. 
  • EEOC Enforcement Guidance, Policy Guidance, and Policy Statements communicate the Commission's position on important legal issues. Before these guidance documents were made available on the Internet, they were filed behind the Compliance Manual section to which they most closely related. 
  • Management Directives instruct other federal agencies about the administrative procedures for federal employee or applicant claims of employment discrimination.

You can also view these guidance documents by subject area:

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