EEOC Litigation and Charge Resolution, Second Edition

This treatise helps practitioners more effectively handle Equal Employment Opportunity Commission investigations, conciliations, and litigation, and explains the commissioner charge process, sponsored litigation, the subpoena process, and more — including requirements for EEOC settlements.

Price: $350 Book


EEOC Litigation and Charge Resolution, Second Edition presents an insider’s view of the EEOC that helps legal practitioners more effectively handle EEOC investigations, conciliations and litigation. The treatise explains and demystifies the commissioner charge process, sponsored litigation, the subpoena process, and more - including requirements for EEOC settlements. 

The Second Edition provides detail on the rules applicable to EEOC administrative subpoenas and information requests, the standards for the EEOC conciliation process, and the general counsel’s guidance for the conduct of EEOC litigation. It also discusses the development, enforcement, and practical implications of the EEOC’s Systemic Enforcement Program.

Additional highlights of the Second Edition include:

  • A significantly revised chapter that discusses the organization of the Commission, including how commissioners and the general counsel are appointed, and the EEOC’s compliance with the Vacancies Act
  • Updates on using FOIA with the EEOC, and the EEOC’s Compliance Manual Section 83, which discusses how the EEOC has reorganized and moved its disclosure function to the enforcement section
  • A new chapter on the EEOC charge, litigation and mediation statistics, explaining the history of the EEOC charge inventory, the ongoing backlog of charges, what types of charges dominate the inventory, and how much and what kinds of litigation are filed
  • A revised chapter on the conciliation process, discussing the authority requiring the EEOC to identify alleged victims of discrimination during the investigation and seek conciliation on their behalf
  • A revised chapter on conciliation agreements, providing insight into which EEOC provisions may be subject to challenge or negotiation

The Second Edition also addresses the EEOC’s change in the allocation of resources to litigating larger cases and pursuing broader investigations.

Read a Bloomberg BNA Labor and Employment Blog post Q&A with one of the book's co-authors, Donald R. Livingston.



Part I: The Agency

  • Introduction and Overview
  • The EEOC’s Structure and Allocation of Responsibilities
  • Access to EEOC Files and Records
  • EEOC Regulations, Policy Guidance, and Opinion Letters

Part II: EEOC Charge Filing and Investigations

  • Charge Basics
  • Representing the Charging Party
  • Charge Investigations
  • Commissioner Charges and Other EEOC-Initiated Investigations
  • Representing Respondents During EEOC Investigations
  • Respondents’ Position Statement
  • Disposition of Charges
  • Conciliation Process
  • EEOC Conciliation Agreements
  • EEOC Workload: Statistical Data

Part III: Employment Actions

  • EEOC Subpoenas and Subpoena Enforcement Litigation
  • EEOC Enforcement Litigation
  • Experts in EEOC Litigation
  • Settlement of EEOC Litigation
  • Appellate Litigation


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Donald R. Livingston is a retired partner at Akin Gump, Washington, DC, and former EEOC general counsel, 1990–1993.

Reed L. Russell is a partner at Phelps Dunbar LLP in Tampa, FL, and former legal counsel of the EEOC.


View full tables of contents and read the book’s preface or introduction.