EEOC Acting Chair Andrea Lucas Corrects EEOC’s Course in Federal Sector, Promises Accountability and Reform

WASHINGTON – Today the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Andrea Lucas, announced the beginning of reform in the agency’s federal sector program with the publication of two official memoranda.

The EEOC Is Accountable to the Executive Branch

The first memorandum, “Ending Unauthorized Monetary Sanctions Against Federal Agencies,” corrects the EEOC’s previous rejection of binding authority by the Department of Justice (DOJ). For nearly two decades, the EEOC has taken the position that it may impose monetary sanctions, including attorney’s fees and costs, against federal agency employers who fail to comply with the EEOC’s orders in administrative proceedings. This position disregarded the advice of DOJ’s Office of Legal Counsel (OLC) that EEOC may not impose such sanctions. According to the memorandum, “That ends today. The Department of Justice’s OLC opinions constitute controlling legal advice to Executive Branch officials which the EEOC must follow.” The memorandum ends the EEOC’s practice of imposing monetary sanctions against federal agency employers during the federal sector EEO complaint process.

The EEOC Clarifies that Federal Agencies Should Presume Innocence and Give EEO Defendants a Full and Fair Chance to Clear Their Names During the EEO Complaint Process

The second memorandum, “Restoring and Protecting the Presumption of Innocence in the EEO Complaint Process,” affirms the commonsense proposition that everyone is innocent until proven guilty. “Neutrality is a core pillar of the federal sector EEO process,” the memorandum states, further directing that “[a]ll federal agencies should review their EEO programs to ensure true neutrality for both accuser and accused. No federal agency should punish an employee—including by withholding or delaying promotions—for being the subject of an EEO complaint without a substantive finding of misconduct based on objective and credible evidence.” The memorandum reaffirms that the ultimate aim of the EEO process is to arrive at the truth. The EEOC will continue to provide complainants robust tools to prove their claims, but it will also educate federal agency employers that federal employees who are the subject of an EEO complaint should be given a full and fair chance to clear their names through the EEO process.

“Under my leadership, the EEOC will be held accountable,” Acting Chair Andrea Lucas said. “Accountable to follow the law, accountable to the President’s authority, and accountable to the people we serve.”

Together, these new policies support Acting Chair Andrea Lucas’s goal of reforming the EEOC’s federal sector program, which looks to provide:

• Accountability to complainants by promptly issuing legally sound decisions;
• Accountability to agencies by not unduly interfering in their ability to make commonsense and merit-based decisions in their service to the American public;
• And accountability to the President, Congress, and the courts by responsibly keeping the EEOC actions in the federal sector within the limits of the agency’s statutory authority.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.