September 30, 2025

Authority of the EEOC: New Developments

Two recent federal court cases in New York explored the authority of the Equal Employment Opportunity Commission (EEOC), the federal agency tasked with investigating workplace discrimination claims.

In late July 2025, the U.S. District Court for the Eastern District of New York held that the EEOC does not have the authority to issue a “right to sue” letter less than 180 days after a charge was filed, even if the EEOC determines that it will not be able to complete its investigation within the 180-day period and even if the employee requests it. The Court based its decision on its own reading of Title VII of the Civil Rights Act of 1964, which established the EEOC and the procedural requirements for filing federal anti-discrimination claims.

In August 2025, the U.S. Court of Appeals for the Second Circuit held that the EEOC

has the authority to continue investigating a charge even after the EEOC issues a right to sue letter and the worker files a lawsuit, because it has a responsibility to the public to investigate and to enforce federal anti-discrimination laws. The Court based its decision in part on the statutory language that authorizes the EEOC to investigate at “all reasonable times.”

For background, an employee seeking to pursue discrimination claims under federal law must first file a charge of discrimination with the EEOC. The EEOC then has 180 days to investigate the charge and decide whether to file a lawsuit against the employer, attempt conciliation (mediation), or dismiss the case. If the EEOC cannot complete its investigation within 180 days or chooses to dismiss the charge, it must issue a ‘notice of right to sue’ to the employee. An employee who receives a “right to sue” letter may then take their claims to federal court.

The decisions in these two cases are not necessarily the final word on the matter. Other courts have looked at similar issues and reached the opposite conclusions. This may mean that the questions will end up before the U.S. Supreme Court.

Meanwhile, in light of these decisions, employers should be aware that:

• The EEOC administrative process will likely be slower since the EEOC cannot shorten the 180-day investigation period.
• Retention policies and procedures may need to be adjusted as necessary for the company to maintain documents relevant to the matters while the case and investigation are still pending.
• Employers should prepare to deal with the same matter on two tracks, one involving a defense in court and one involving an ongoing investigation that may include subpoenas requesting documents and information from the employer.
• Employers should prepare to respond to document and information requests from both the EEOC in its investigation and from the parties in the court proceeding.

If you have questions about the EEOC, federal or state discrimination laws, or other employment law matters, please contact Chaim Book at cbook@booklawllp.com, Sheryl Galler at sgaller@booklawllp.com, or Rebecca Nathanson at rnathanson@booklawllp.com.