This Article explores whether a delegation to the EEOC of law-interpreting authority may be found under Title VII, the ADEA, or the ADA, despite the agency's lack of full enforcement authority under these statutes. If the EEOC possesses such authority, it, not the courts, will decide many of the difficult issues left unresolved by Congress under the 1991 Civil Rights Act, the ADA, and other statutes administered by the agency. I easily conclude the EEOC has been delegated law-interpreting power under both the ADEA and the ADA. The authority to issue legislative rules, in the context of these statutory schemes, carries with it the authority to interpret the law in a manner binding on the reviewing courts.
The EEOC, the Courts, and Employment Discrimination Policy: Recognizing the Agency's Leading Role in Statutory Interpretation
Available at: https://digitalcommons.law.uga.edu/fac_artchop/642