Federal Agency Bias Probe Standards Need EEOC Guidance

Law360 (November 27, 2019, 11:17 AM EST) -- Federal sector employment conferences are increasingly focusing on a single issue — what role federal agency attorneys may play during internal investigations of employment discrimination complaints. The U.S. Equal Employment Opportunity Commission has failed to issue substantial guidance on the topic leaving practitioners to guess what is permitted or prohibited based solely on sporadically issued case law.

A concerning trend within the cases is that agency attorneys may take no action whatsoever to defend their clients without facing sanctions, whereas complainants may retain counsel during the entirety of the process. Given the serious nature of the issue, practitioners deserve clear guidelines...

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