EEOC Litigation and Charge Resolution, Second Edition

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


Price: $350 Book


Read a Bloomberg BNA Labor and Employment Blog post Q&A with the book’s author Donald R. Livingston. 

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 many other EEOC processes, including requirements for EEOC settlements. EEOC Litigation and Charge Resolution is a one-of-a-kind reference that addresses important topics including updates on subpoena enforcement actions, rules concerning the EEOC’s conciliation obligations and special considerations when litigating against the EEOC.

The Second Edition provides greater 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 practical implications of the EEOC’s systemic enforcement initiative.

The Second Edition contains numerous updates and revisions, including:

  • A significantly revised chapter that discusses the organization of the Commission, including how commissioners and the general counsel are appointed and EEOC’s compliance with the Vacancies Act, as well as the development and organization of the EEOC’s Systemic Enforcement Program
  • An updated chapter on obtaining information from the EEOC under the Freedom of Information Act and the EEOC’s Compliance Manual Section 83, which discusses how EEOC has reorganized and moved its disclosure function to the enforcement section, where requests under Section 83 are handled
  • A new chapter on EEOC charge, litigation and mediation statistics, explaining the history of the EEOC charge inventory as well as the ongoing backlog of charges, what types of charges dominate the inventory, how much and what kinds of litigation are filed and how the EEOC’s Systemic Enforcement Program impacts litigation filing
  • A revised chapter on the conciliation process, which discusses the recent circuit court 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, which covers the components of the EEOC conciliation agreements and provides insight into which EEOC provisions may be subject to challenge or negotiation
  • A significantly revised chapter on EEOC litigation, which discusses EEOC’s systemic litigation program, changes in EEOC’s litigation practices as reflected in the Regional Attorneys’ Manual issued since the last edition and developments in litigation tactics, such as discovery from the EEOC about EEOC’s internal employment policies and practices

Important case law discussed in the Second Edition intended to aid in understanding the EEOC includes Federal Express v. Holowecki, in which the Supreme Court held that an EEOC Charge Form 5 was not necessary to satisfy the charge-filing regulations for an ADEA claim, resulting in EEOC modifying its intake form; and EEOC v. CRST Van Expedited, Inc., in which the Eighth Circuit upheld dismissal of an EEOC pattern and practice case for engaging in bad faith conciliation when it brought suit on behalf of a class of female employees without investigating the claims of all the individuals on whose behalf it sought relief.

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


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 partner at Akin Gump, Washington, D.C., and former EEOC general counsel, 1990–93.

Reed L. Russell is a partner in the labor and employment practice at Phelps Dunbar LLP in Tampa, Fla., a former partner in the labor section of Akin Gump in Washington, D.C., and former legal counsel of the EEOC.


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