The U.S. Equal Employment Opportunity Commission
C. Five-Day Notice Procedure for Redelegated
Cases
1. Notice of Intent to File under
Redelegated Authority
Prior to filing a case within his or her redelegated
authority, a Regional Attorney must submit to Litigation
Management Services (LMS) a notice of intent to file under
redelegated authority. A copy of the notice form is attached as
an appendix to this subsection of the Manual.
2. Notice Procedure
E-mail the notice of intent to file under redelegated
authority to the legal unit’s LMS liaison (or designated
substitute if he or she is out of the office), who will
acknowledge receipt by return e-mail. If an OGC headquarters
staff member does not contact the legal unit about the case, the
Regional Attorney may file suit following the expiration of 5
business days from LMS’ acknowledgment of receipt of the
notice. If someone in OGC contacts the legal unit prior to the
expiration of the 5-day period, the Regional Attorney can file
suit only if expressly authorized by OGC.
Appendix
Notice of Intent to File under Redelegated Authority
- (a) Name of proposed
defendant(s):
-
(b) Charge Information:
- (1) Charging party’s
name;
- (2) Charge number;
- (3) Filing date.
- (c) Court in which case will be
filed:
- (d) Statute(s):
- (e) Bases and issues:
- (f) Whether case is class or
individual:
-
(g) Case Description:
- (1) Respondent’s
operations, including the jobs held or sought by the
claimants and an estimate of the size of the workforce at
the facility where the violations occurred;
- (2) Facts supporting
EEOC’s claims;
- (3) Respondent’s
principal defenses and EEOC’s responses;
- (4) Legal issues or proof
elements that may pose particular difficulties.
-
(h) Conciliation:
- (1) Date(s) LOD(s) issued,
conciliation proposal(s) mailed, and conciliation failure
letter mailed;
- (2) Relief requested by EEOC
(for monetary relief, break out, as appropriate, (a)
punitive damages, (b) compensatory damages, (c) damages
cap, (d) back pay, including basis for back pay amount, and
(e) any other monetary relief);
- (3) Relief offered by
Respondent;
- (4) Reasons for conciliation
failure.
-
(i) Projected litigation budget
(expenses you expect to incur during the current fiscal year
and next fiscal year):
- (1) Current fiscal
year;
- (2) Next fiscal year.
- (j) Indicate whether the case
creates a potential for controversy or adverse publicity and,
if so, explain. This includes controversies arising from local
newsworthiness as well as from the nature of the claims in the
suit:
This page was last modified on May 18, 2005.
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