Accessibility Tools

Skip to main content

EEOC to Allow Seeking of Opinions on Discrimination Issues

Written on .

For many years, the U.S. Department of Labor (DOL) has allowed employers to seek official government opinions on various fact situations in determining legal compliance, such as under the Wage/Hour laws. The right to seek advance government opinions on such issues was suspended during the Obama Administration, but reinstated during the Trump Administration. In December of 2020, the Equal Employment Opportunity Commission (EEOC) announced that the public can now seek its official position on potentially unclear aspects of federal civil rights laws, which can provide a defense to alleged violations. 

EEOC Chair Janet Dhillon said in a statement that: "One of my priorities has been for the Commission to provide clear and accurate guidance to the public. . . . The new process for requesting formal opinion letters is a significant step towards allowing the Commission to address areas of the law that may be unclear." 

Thus, now members of the public may request an opinion letter from the EEOC in the application of a specific question or factual scenario, but the EEOC will retain the discretion on whether it will respond to these requests.

This is part of our January 2021 Newsletter.

Click here to download the newsletter PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

security vehicle
DHS announced the termination of all categorical family reunification parole programs for nationals of Colombia, Cuba, Ecuador, El Salvador…
ethiopia
DHS announced the termination of Temporary Protected Status (TPS) for Ethiopia, effective February 13, 2026. The previous expiration date w…
files stacked
Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boardi…
electronic devices
Many employers have not adequately considered that business-related communications exist on personal employees’ cell phones and other devic…
mechanical calculator printer
A settlement agreement of a discrimination case can be instrumental in determining its tax treatment.  First, any portion of the settlement…
clock and calendar
Employers should be aware that the federal COBRA law requires employers with 20 or more employees to allow workers to temporarily continue…