EEOC COMMISSIONERS ADOPT TASK FORCE RECOMMENDATIONS TO STRENGTHEN AND STREAMLINE AGENCY CHARGE PROCESSING SYSTEMS

WASHINGTON -- At a special meeting held Wednesday, April 19, the U.S. Equal Employment Opportunity Commission (EEOC) adopted a wide ranging set of innovative recommendations to radically improve the agency's private sector charge processing systems. The recommendations were presented by EEOC Vice Chairman Paul M. Igasaki, chairman of the Commission's Charge Processing Task Force (CP Task Force).

In November 1994, EEOC Chairman Gilbert F. Casellas directed the CP Task Force to thoroughly review existing charge processing procedures and develop workable solutions to the longstanding problems therein. The Commission's actions, only five months later, are the first steps toward effectuating the changes recommended by the CP Task Force.

Perhaps the most fundamental element of both the CP Task Force recommendations and the Commission's actions is the rescission of three key enforcement and administrative and litigation policies adopted by the Commission in the 1980s. The three rescinded policies include: the full investigation policy and the Commission resolution of December 6, 1983 upon which the policy is based; the February 5, 1985 Policy Statement on Remedies and Relief for Individual Cases of Unlawful Discrimination (known as the "full remedies" policy); and the September 11, 1984 Statement of Enforcement Policy, which provided that all "cause" cases in which conciliation failed would be recommended for litigation.

Other motions made by the Vice Chairman and passed by the Commission include:

• Moving from a "one-size-fits-all" charge processing procedure to a more flexible approach that prioritizes charges based on the appropriate level of investigative effort needed.
• Developing a National Enforcement Plan that identifies priority issues and provides guidance for administrative and litigation enforcement.
• Eliminating detailed "no cause" letters in cases where an appropriate investigation did not result in a finding of discrimination.
• Encouraging settlement at all stages of the investigative process, with appropriate relief sought for aggrieved parties.
• Delegating the Commission's authority to the General Counsel to decide whether to litigate basic individual disparate treatment claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA).

Based on the Commission-adopted recommendations, Chairman Casellas directed that several actions be undertaken immediately by headquarters and field office components of the agency. Among those actions are:

• Development of a draft National Enforcement Plan by June 30, 1995, and field office Local Enforcement Plans by August 1, 1995, all of which should include defined categories for case prioritization and approaches for resolving older charges, as well as plans for training legal and enforcement staff in effectively implementating national and local plans.
• Implementation of priority charge processing procedures and new intake procedures that include dismissal of charges outside EEOC's purview.
• Delegation of increased litigation decision-making authority to the General Counsel and/or lead attorneys in field offices in certain types of cases.
• Development of a plan to respond to public inquiries about the newly adopted operational and charge processing procedures.

On Monday, April 24, and Tuesday, April 25, the Commission will hold special meetings to act on recommendations presented by the Commission's Task Force on Fair Employment Practices Agencies and the Task Force on Alternative Dispute Resolution, respectively. Both meetings begin at 2 p.m. and the public is encouraged to attend.

In addition to Title VII -- which prohibits discrimination in employment based on race, color, religion, sex, or national origin -- and the ADEA, EEOC enforces the Equal Pay Act, the Americans with Disabilities Act, prohibitions against discrimination affecting people with disabilities in the federal government, and sections of the Civil Rights Act of 1991.