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EEOC Launches New Process for the Public to Request a Formal Opinion Letter

2021-01-04

Approved formal opinion letters can be used to provide a defense to liability

The Equal Employment Opportunity Commission (EEOC) announced a new process for the public to request a formal opinion letter concerning Title VII and the Age Discrimination in Employment Act (ADEA) from the Commission. 

An individual may request a formal opinion letter related to agency enforced laws to a specific question or a factual scenario.  EEOC will then determine whether and how to respond to these requests.  The formal letter is approved by a vote of the Commission and signed by the Legal Counsel on behalf of and as approved by the Commission. 

Formal opinion letters represent the Agency’s official position on a matter raised, typically where the application of existing regulations or guidance may not be clear.  The opinion letter may be used to provide a defense to liability. 

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.