Approved formal opinion letters can be used to provide a defense to liability

The Equal Employment Opportunity Commission (EEOC) announced a new process for the public to request a formal opinion letter concerning Title VII and the Age Discrimination in Employment Act (ADEA) from the Commission.

An individual may request a formal opinion letter related to agency enforced laws to a specific question or a factual scenario. EEOC will then determine whether and how to respond to these requests. The formal letter is approved by a vote of the Commission and signed by the Legal Counsel on behalf of and as approved by the Commission.

Formal opinion letters represent the Agency’s official position on a matter raised, typically where the application of existing regulations or guidance may not be clear. The opinion letter may be used to provide a defense to liability.