A civil rights agency has responded to a lawsuit challenging the suspension of federal employment discrimination cases by contending that an administrative judge acted in error when pausing proceedings. The Equal Employment Opportunity Commission faces legal action from a labor union and two female prison guards who alleged the agency indefinitely halted a sexual harassment case as part of a broader effort to suspend all federal-sector class complaints before administrative judges.
In a court filing, the EEOC’s Chief Operating Officer Sharon Rose characterized the suspension as an isolated mistake and stated that the case had been reassigned to another judge, who on Monday scheduled further proceedings. A Justice Department attorney echoed this explanation in a letter to the plaintiffs, asserting that the government agrees federal-sector class complaints should not face suspension and requesting dismissal of the plaintiffs’ request for emergency court intervention.
Attorneys representing the plaintiffs have contested the government’s account, pointing to evidence of at least five additional class complaints involving federal workers that they say have been stalled for extended periods. These include cases against the FBI and the Department of Defense. The attorneys noted that scheduling orders in two of those cases were issued only after the lawsuit was filed, suggesting to them that the suspension was not inadvertent. The EEOC’s Chief Operating Officer stated that neither the commission nor its chair had issued directives to suspend class cases.
The lawsuit comes amid significant changes to the EEOC’s enforcement priorities under the current administration, with observers noting shifts including renewed focus on diversity and inclusion policies and changes to approaches for investigating systemic discrimination. The EEOC’s leadership has stated it is pursuing an “even-handed” approach to workplace civil rights.
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