"If at First You Don't Succeed . . .": An Argument Giving Federal Agencies the Ability to Challenge Adverse Equal Employment Opportunity Commission Decisions in Federal Court

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"If at First You Don't Succeed . . .": An Argument Giving Federal Agencies the Ability to Challenge Adverse Equal Employment Opportunity Commission Decisions in Federal Court Powered By Docstoc
					    “If at First You Don’t Succeed . . .”: An Argument Giving Federal Agencies the Ability to Challenge Adverse Equal
                             Employment Opportunity Commission Decisions in Federal Court

                                                                Major Steven M. Ranieri∗

I. Introduction

    Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination in hiring, firing,
compensation, terms, conditions, or privileges of employment on the basis of race, color, religion, sex, or national origin.1
The Equal Employment Opportunity Commission (EEOC) enforces these prohibitions against federal agencies through a
comprehensive regulatory scheme2 that expressly includes the power to award remedies, such as reinstatement, hiring (with
or without back pay), and other equitable relief.3

    Neither the originally enacted nor the amended versions of Title VII provide a mechanism for federal agencies to
challenge the EEOC’s awa
				
DOCUMENT INFO
Description: Notwithstanding this uncertainty, the EEOC began to grant compensatory damages in federal-sector employment discrimination cases shortly after the passage of the 1991 CRA.7 In West v. Gibson, the Supreme Court held that the EEOC possessed the legal authority to require federal agencies to pay compensatory damages.8 In doing so, the court determined that the 1991 CRA constituted a waiver of the federal government's sovereign immunity and that this waiver applied not only to litigation in federal court but also to administrative proceedings.9 Thus, Gibson permits the EEOC to award compensatory damages to federal complainants as an administrative remedy.
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