Have EEOC disclaim its regulatory pretensions

Not started

Printed page 586 18. Department of Labor and Related Agencies

“EEOC should disclaim its regulatory pretensions.”

What has happened

Aug 31, 2026 Not started
The EEOC has issued no statement disclaiming rulemaking authority. Its Federal Register output in the window runs the other way: three substantive rulemakings — the rescission of the Title VII affirmative-action guidelines (2026-07-06), the proposed removal of the EEO-1 through EEO-6 reporting requirements (2026-07-23) and a proposed overhaul of the federal-sector EEO complaint rules (2026-08-28) — all exercised as legislative rulemaking under 29 CFR chapter XIV rather than disclaimed.
- EEOC proposed rule: Federal Sector Equal Employment Opportunity (would end mandatory pre-complaint counselling and restructure administrative-judge proceedings)
  Primary Executive branch Aug 28, 2026

What was searched, and what didn’t count as evidence

“Moved the other way” under §3b: the Status stays not started and the contrary action carries the Evidence. The Commission is using its regulatory authority more, not disclaiming it — even though the direction of the individual rules is deregulatory.
Negative search: chapter log, Cluster negative search — EEOC internal-practice asks (#1609, #1610, #1611, #1612).
The nearest thing to a disclaimer found is procedural rather than substantive: the Acting Chair’s 2025-05-22 memorandum “Ending Unauthorized Monetary Sanctions Against Federal Agencies”, which accepts that DOJ Office of Legal Counsel opinions bind the EEOC and ends the Commission’s practice of imposing monetary sanctions on federal agency employers. It disclaims one asserted power, not the Commission’s “regulatory pretensions”. https://www.eeoc.gov/newsroom/eeoc-acting-chair-andrea-lucas-corrects-eeocs-course-federal-sector-promises