In Tips
VOLUME 23 | August 2019



Tread Carefully When Relying On EEOC Guidance

By: David Burkhouse, Esq.

Employers visiting the Equal Employment Opportunity Commission’s (EEOC) website to obtain information regarding employment practices often encounter agency guidance documents. Many employers understandably assume EEOC guidance simply contains a summary of applicable legal requirements. However, employers should be aware EEOC guidance often contains additional restrictions and requirements which are neither mandated by the EEOC’s formally adopted regulations nor the underlying statutes that EEOC has been charged with enforcing.


When EEOC’s guidance exceeds, or is contrary to existing regulations and statutory law, courts may either refuse to enforce the requirements set out in the EEOC’s guidance or issue an injunction precluding agency enforcement. For this reason, employers should be careful in relying on informal agency guidance in determining whether employment practices are in compliance with state and federal legal requirements.



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Mr. Burkhouse is a Member with PK Law and is part of the firm’s Education, Labor and Employment Group. As part of Mr. Burkhouse’s employment law practice he counsels and represents employers regarding employment discrimination claims arising under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. Mr. Burkhouse also advises employers with regard to non-compete agreements, restrictive covenants, arbitration agreements, trade secrets, confidentiality agreements, and employee hiring and termination procedures.  Mr. Burkhouse can be reached at (410) 740-3150 or