The Equal Employment Opportunity Commission will stop imposing monetary sanctions against federal agencies and require presumption of innocence in workplace discrimination cases, Acting Chair Andrea Lucas announced in two policy memoranda released today.
The changes reverse nearly two decades of EEOC practice and align the agency with Department of Justice legal guidance that commission officials had previously rejected.
End to monetary sanctions
The first memorandum, “Ending Unauthorized Monetary Sanctions Against Federal Agencies,” stops the EEOC from imposing attorney fees and costs against federal employers who fail to comply with commission orders during administrative proceedings.
The EEOC had maintained this authority despite advice from the Justice Department’s Office of Legal Counsel that such sanctions exceeded the commission’s statutory power.
“That ends today. The Department of Justice’s OLC opinions constitute controlling legal advice to Executive Branch officials which the EEOC must follow,” the memorandum states.
Presumption of innocence restored
The second memorandum, “Restoring and Protecting the Presumption of Innocence in the EEO Complaint Process,” requires federal agencies to treat accused employees as innocent until proven guilty during discrimination investigations.
The policy prohibits agencies from punishing employees, including withholding promotions, solely for being subject to an EEO complaint without substantive findings based on objective evidence.
“Neutrality is a core pillar of the federal sector EEO process,” the memorandum states. “All federal agencies should review their EEO programs to ensure true neutrality for both accuser and accused.”
Broader reform goals
Lucas said the changes support her goal of reforming the EEOC’s federal sector program to provide accountability to complainants through prompt legal decisions, to agencies by avoiding interference with merit-based decisions, and to executive branch leadership by keeping commission actions within statutory limits.
The memoranda represent the first major policy shifts since Lucas assumed the acting chair role following President Trump’s inauguration.
“Under my leadership, the EEOC will be held accountable,” Lucas said. “Accountable to follow the law, accountable to the President’s authority, and accountable to the people we serve.”
Federal sector jurisdiction
The EEOC investigates discrimination charges against state and local government employers before referring cases to the Justice Department’s Civil Rights Division for potential litigation. The commission handles private sector cases directly and coordinates federal antidiscrimination efforts across government agencies.
The policy changes affect only federal sector cases and do not alter the EEOC’s enforcement approach for private employers.
