Judges may get final say in class discrimination cases

The Equal Employment Opportunity Commission is considering a rule that would allow its administrative judges to issue final decisions in discrimination cases involving groups of employees. The rule, which appeared in the Federal Register last month as part of the agency's semiannual regulatory review, would strip agencies of their authority to make final decisions in cases involving class action complaints brought against them. Currently, EEOC judges can only issue recommended decisions in such cases. Agencies are free to either ignore or reverse the recommendations. The rule seeks to give EEOC judges the same authority in class complaint cases as they have over individual complaint cases. In 1999, EEOC authorized judges to issue final decisions in individual cases; agencies must either implement or appeal the decisions. Tom Schlageter, assistant legal counsel at EEOC, said the rule would streamline the adjudication process for class complaints and help alleviate a perception that the process is unfair. Before the EEOC changed its policy about individual cases, "there was a perception of unfairness when the agency was able to second-guess the recommendations of judges," said Schlageter.