Reading Room Document

Federal Equal Employment Opportunity Reporting Act of 1986

Legislation authorizing the Equal Employment Opportunity Commission (EEOC) to subpoena employees of federal agencies not in compliance with EEOC annual reporting requirements and to seek enforcement of such subpoenas in federal court would violate the doctrine of separation of powers by undercutting the President's power to provide a single voice for the Executive Branch in the enforcement of the laws. One part of the Executive Branch may not sue another part, as there can be no case or controversy between agencies that are all subject to the direction and control of the President. The proposed legislation's expansion of EEOC litigating authority would also undercut the Attorney General's ability to speak for the Executive Branch with a single voice in the courts. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23856/download.

August 12, 1986