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EEOC Announces New Process for Requesting Formal Opinion Letters

December 8, 2020

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) announced that it has launched 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. 

A formal opinion letter represents the Commission’s official position on the matter raised and reliance upon it may provide a defense to liability.  A formal opinion letter is approved by a vote of the Commission and is signed by the Commission’s Legal Counsel on behalf of and as approved by the Commission. 

Members of the public may request a formal opinion letter from the Commission on the application of EEOC-enforced laws to a specific question or factual scenario.  The Commission has discretion whether and how to respond to these requests.  Generally, these letters concern matters where the application of existing regulations or guidance may not be clear. 

Any interested person or organization may request a formal opinion letter on Title VII or the ADEA from the Commission; however, before requesting a letter, they should consult existing EEOC regulations and policy guidance, which may address their question.  The process is detailed on the EEOC’s website

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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