U.S. Sen. Lamar Alexander (R-TN), the ranking member and incoming chair of Senate HELP, has issued a report, EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, and Lack of Transparency Raise Concerns about Important Anti-Discrimination. The report is also accompanied by a press release. As noted in the press release,
the report that finds litigation missteps at the Equal Employment Opportunity Commission are costing taxpayers millions while EEOC faces a deep backlog of discrimination complaints.
The report finds that today’s EEOC “is pursuing many questionable cases through sometimes overly aggressive means—and, as a result, has suffered significant court losses that are embarrassing to the agency and costly to taxpayers. Courts have found EEOC’s litigation tactics to be so egregious they have ordered EEOC to pay defendants’ attorney’s fees in ten cases since 2011. The courts have criticized EEOC for misuse of its authority, poor expert analysis, and pursuit of novel cases unsupported by law.
The report also criticizes the opacity of the criminal history guidance process in spite of OMB instructions to the contrary.