A report released by Sen. Lamar Alexander (R-Tenn.) on Monday says the Equal Employment Opportunity Commission serves an important role, but is “pursuing many questionable cases through sometimes aggressive means” that cost taxpayers millions.
The staff report notes that some EEOC court cases have been “so egregious” that they have been ordered to pay defendant’s attorney fees in 10 cases since 2011 and courts have noted its misuse of authority.
“Unfortunately, taxpayers have been left to foot the bill for some of these litigation failures,” the report says. “Courts award attorney’s fees only in rare cases that are considered particularly egregious.”
While pursuing what the report calls “high-profile lawsuits,” an estimated 71,000 complaints to the commission have gone unresolved.
The report also finds the EEOC has lacked transparency in its operations, including the failure to produce a standard annual report since 2010 – a violation of the Freedom of Information Act.
“Today’s EEOC has had successful enforcement efforts and court victories for victims of discrimination, but this report finds the agency is increasingly demonstrating poor judgment and using questionable tactics in pursuit of cases that are not fulfilling the EEOC’s objective of protecting employees from workplace discrimination,” the report says.
Alexander, the ranking member and incoming chairman of the Senate Committee on Health, Employment, Labor and Pensions, made some of the same criticisms while voting to not renominate EEOC general counsel P. David Lopez.