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Regional Attorneys' Manual

Office of General Counsel

April 2005

Statement of the General Counsel

I am pleased to issue the Regional Attorneys' Manual, developed by the Equal Employment Opportunity Commission's Office of General Counsel. As indicated in the Introduction, this Manual supercedes the Regional Attorneys' Deskbook, which is hereby revoked.

Eric S. Dreiband, April 29, 2005


This Equal Employment Opportunity Commission (EEOC or Commission) Regional Attorneys' Manual supercedes the Regional Attorneys' Deskbook issued in 1990 and revised in 1992. The Manual is in four parts. Part 1, Administrative and Support Information, contains information on the structure and functions of the EEOC's Office of General Counsel (OGC), OGC policies and procedures, and Commission policies. Part 2, Initiating Litigation, discusses prelitigation procedures, delegation of litigation authority, and obtaining approval for cases requiring General Counsel or Commission authorization. Part 3, Conducting Litigation, covers various trial practice matters, settlement standards and procedures, appeal procedures, and the professional responsibilities of OGC attorneys. Finally, Part 4, Resources and Technical Assistance, contains information on obtaining internal and external expert services, obtaining nonexpert litigation support services, and monitoring contracts. Since the Manual is available electronically on the Commission's Web site, it contains references and hyperlinks to resources available on the Commission's Web site as well as elsewhere on the Internet.

The Regional Attorneys' Manual has been developed and distributed by the EEOC's Office of General Counsel exclusively to provide internal guidance and practical support to Regional Attorneys in connection with their management of EEOC legal units. The Manual shall not be construed as creating any right or benefit, substantive or procedural, enforceable at law or in equity against the EEOC or its employees. The Manual shall not be construed to create any right to judicial review involving the compliance or noncompliance of the EEOC or its employees with any matter dealt with in the Manual.

Table of Contents

Part 1. Administrative and Support Information

  1. OGC Administrative Policies and Procedures
    1. Office Systems
    2. Records Management: File Creation, Maintenance, and Disposition
    3. Dissemination of Information to the Public about Cases in Litigation
    4. Reporting to OGC
    5. Authorization to File Motion for Contempt, Attorney's Fees, or Sanctions
    6. Notification Regarding Sanctions or Fees Against EEOC
    7. Requesting Payment of Fees, Costs, and Sanctions Assessed Against Commission
  2. Personnel
    1. Structure of Office of General Counsel
    2. Attorney Practice and Ethical Issues
  3. Commission Policies
    1. Introduction to Commission Policies
    2. National Enforcement Plan
    3. Five-Point Plan

Part 2. Initiating Litigation

  1. EEOC Laws, Regulations, and Guidance on the Web
    1. Statutes Enforced by EEOC
    2. EEOC Regulations
    3. EEOC Guidance and Other Resources
  2. Prefiling Procedures
    1. Transmission of Conciliation Failures to Department of Justice
    2. Filing Suit in State Court
    3. Presuit Interviews of Charging Parties and Other Claimants
    4. Nonpecuniary Compensatory Damages: Issues for Review with Claimants Prior to Filing Suit
    5. Notice to Charging Parties of Commission Suits
    6. Adding Parties to Previously Approved Actions
  3. Delegated Litigation Authority
    1. Delegation of Litigation Authority to the General Counsel under the National Enforcement Plan
    2. Redelegation of Litigation Authority to the Regional Attorneys
    3. Five-Day Notice Procedure for Redelegated Cases
    4. Press Releases
  4. Litigation Requiring Headquarters Approval
    1. Application for Temporary Restraining Order or Preliminary Injunction
    2. Suits Requiring Authorization by the Commission or General Counsel
    3. Presentation Memoranda
    4. Standards for Commission Intervention in Private Actions
    5. Communicating with Commission on Cases Pending Litigation Authorization
    6. Notice of Litigation Authorization

Part 3. Conducting Litigation

  1. Civil Justice Reform
    1. Office of General Counsel Guidance on Civil Justice Reform, Executive Order No. 12988
    2. Executive Order No. 12988, Civil Justice Reform
  2. Deliberative Process Privilege
    1. Procedures for Asserting and Defending the Deliberative Process Privilege
    2. Model Declaration of Chair and Exhibit
    3. Sample Declarations of Chair
    4. Excerpts from Exhibits to Chair's Declarations
  3. Motions for New Trials and for Judgment as a Matter of Law
    1. Introduction
    2. Rule 50 Practice: Motion for Judgment as a Matter of Law
    3. Practice Points
    4. Alternative Motion for New Trial
    5. Circumstances in Which EEOC Attorneys Should Consider Rule 50 Motions and Motions for New Trial
  4. Settlement Guidance
    1. Settlement Standards and Procedures
    2. Guidance on Contents of Justification Memoranda for Consent Decrees Requiring Headquarters Approval
    3. Considerations in Requesting a Fairness Hearing
    4. Notice and Claims Procedures in the Settlement of Class Cases
    5. Monitoring and Enforcing Consent Decrees
  5. Appeal Procedures

    Office of General Counsel Appeal Procedures

  6. Professional Responsibility
    1. Introduction
    2. Ethical Obligations of Federal Government Attorneys
    3. ABA Model Rules of Professional Conduct
    4. Protecting Confidentiality of Agency Information
    5. Web Resources on Ethics and Professional Responsibility

Part 4. Resources and Technical Assistance

  1. Obtaining Expert and Other Services
    1. Introduction: Obtaining Experts and Other Services
    2. Services Provided by Research and Analytic Services
    3. Services Provided by the Office of Enterprise Data and Analytics
    4. Litigation Support Services Provided by Department of Justice Contractors
    5. OGC Procedures for Procuring Expert Litigation Support Services
    6. OGC Procedures for Procuring Nonexpert Litigation Support Services
  2. Contract Monitor

    Contract Monitor's Duties and Responsibilities