This area includes significant discrimination suits challenging government decisions, policies, practices or regulations affecting employment, including suits based on Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, the Rehabilitation Act (prohibiting disability discrimination), Executive Order 11246, and other statutes. This area also includes non-employment disability discrimination challenges under Section 504 of the Rehabilitation Act to programs or activities conducted by federal agencies. Our office is typically responsible for nationwide class actions and actions that implicate agency-wide policies or raise issues of first impression. Area 10 also provides significant advice, assistance and training to US Attorney’s Offices nationwide and to client agencies. In particularly important or sensitive cases, the Branch represents the Department and other agencies in administrative litigation brought under federal employment discrimination laws and regulations.

There is a compelling need for coordination between the Civil Division and the Civil Rights Division on issues that affect the Department's enforcement and defensive litigation. Accordingly, Assistant United States Attorneys should raise issues of first impression with one of the Assistant Directors who supervise Area 10 cases.

Sometimes plaintiffs also sue individual employees for damages in discrimination cases. When the individual defendant seeks departmental representation, close examination of the facts and circumstances is necessary to determine whether the employee's action is within the scope of employment and whether representation is in the interest of the United States. In presenting such requests, the individual defendant must deny the allegations of discrimination or explain the circumstances. Please assist agency counsel in obtaining all the necessary information in a timely manner to process such requests for representation. Individual capacity representation is not required for the government to request dismissal of Title VII, Rehabilitation Act, or ADEA claims that have been improperly asserted against individual employees.

[updated April 2018]