The EEOC's Transformational New Conciliation Regulations (Law360)

Jones Day partner Eric S. Dreiband, who previously served as the general counsel at the U.S. Equal Employment Opportunity Commission and as assistant attorney general at the Civil Rights Division at the U.S. Department of Justice, describes how a sea change just happened at the EEOC.  As regulation about its “conciliation” process became effective, and because a majority of Commissioners who currently serve at the EEOC voted for the regulation, the current Commission will not change the regulation. In this article for Law360, Mr. Dreiband describes the new regulation; why the new regulation matters, both for presuit negotiations with the EEOC and during any EEOC litigation; and arguments employers can make about a proper remedy for any violation by the EEOC of its new regulation.

Reprinted with permission from the March 17, 2021 issue of Law360 Employment Authority. © 2003-2021, Portfolio Media, Inc. Further duplication without permission is prohibited. All rights reserved.