EEOC Predicted to Veer From Novel Lawsuits in Early Biden Years

The U.S. Equal Employment Opportunity Commission is less likely to test novel workplace discrimination theories through litigation while Republicans maintain a majority at the agency and hold the general counsel’s office through the first years of a Biden administration, current officials and management attorneys said.

“As a general matter, I don’t believe that litigation should be a policy-making device,” Republican EEOC Chair Janet Dhillon told Bloomberg Law in a phone interview. “The commission sets policy where we’re expressly authorized to do so.”

All significant lawsuits—including those that involve new areas of the law, catalyze “public controversy,” or include systemic ...