Todays EEOC . . . is pursuing many questionable cases through sometimes overly aggressive means and, as a result, has suffered significant court losses that are embarrassing to the agency and costly to taxpayers. Courts have found EEOCs litigation tactics to be so egregious they have ordered EEOC to pay defendants attorneys fees in ten cases since 2011. The courts have criticized EEOC for misuse of its authority, poor expert analysis, and pursuit of novel cases unsupported by law.
According to news reports (e.g., Wall Street Journal, Washington Times) the report and the issues it chronicles may have an impact on the likely upcoming reconfirmation vote in the Senate on EEOC General Counsel P. David Lopez.
It seems unlikely that this debate will alter the EEOCs enforcement agenda and litigation tactics in the short-term. However, it will be interesting to see if this report and related debate will shift the agency's more aggressive tactics in the future.
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