11 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP Significantly, the MOU specifically contemplates that the EEOC can share employer EEO-1 reports with the WHD. This is notable because Title VII prohibits the EEOC from disclosing EEO report data to the public, but the MOU does not bind the WHD in the same way. Instead, the WHD agrees to “observe” Title VII’s confidentiality requirements. Employers can continue to expect the MOU to result in amplified information sharing between the EEOC and WHD when it comes to individual charges and investigations. (The MOU contains a high-level framework for coordinated investigations involving the same employer.) The potential for data sharing to fuel broader systemic investigations should remain at the forefront of employers’ minds. The ability to gather additional data through this partnership with the WHD adds a powerful tool to the EEOC’s investigative powers. 4. Impact of Loper Bright In its 2023-2024 term, the U.S. Supreme Court brought an end to 40 years of deference to administrative agencies when it overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984).18, 19 In Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244, 2273 (2024), the Court held that “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority” rather than allowing the agency to fill statutory gaps, judging that courts, not agencies, are best situated to interpret ambiguous statutory provisions, even in areas of agency expertise. In the wake of the Court’s decision, regulated entities have brought new challenges to longstanding rules that are premised on statutory ambiguity. Under Loper Bright, courts have significantly more leeway to interpret statutes contrary to an agency’s interpretations, and courts can use this to cabin agency authority. However, while the Court’s decision was a marked change in how courts may review administrative agencies’ exercise of their power going forward, all agency rules that were enforceable before Loper Bright remained enforceable. Indeed, the Court observed that all decisions relying on Chevron to uphold an agency’s action (1) remained good law and (2) were not subject to overruling simply because they relied on Chevron. The result is that, practically, nothing changes for people or entities subject to such pre-existing administrative authority unless or until a new challenge is lodged and decided. For example, in Kramer v. Bessent, the U.S. District Court for the Eastern District of New York noted that prior cases interpreting the Americans with Disabilities Act (ADA) in light of the EEOC’s regulations remained binding post-Loper Bright because Loper Bright was not meant to “call into question prior cases” deferring to agency interpretations of statutes.20 Further, Loper Bright did not mark the end of the administrative state. Most notably, the decision appeared to endorse the Court’s ruling in Skidmore v. Swift & Co., 323 U.S. 134 (1944), under which courts grant a modicum of deference to an agency’s statutory interpretation to the extent that it has the power to persuade in light of the agency’s thoroughness, its consistency over time, and the soundness of its reasoning. Additionally, Loper Bright did little to call into question Congress’s ability to expressly delegate authority to agencies to promulgate regulations and relevant definitions, such as the delegations to the EEOC under the ADA, the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA), as well as the recently passed Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act. Given this, when Congress has directly authorized an agency to exercise discretion about the meaning of a statute, Loper Bright suggests that there is less space for courts to disagree with that interpretation. 18 See Rachel See, Jules A. Levenson, and Michael D. Berkheimer, The Chevron Doctrine is Dead. Long Live the Administrative State (June 28, 2024), https://www.seyfarth.com/news-insights/chevron-is-dead-long-live-the-administrative-state.html. 19 All case-related information in this Report is strictly derived from court dockets and other publicly-available sources. 20 Kramer v. Bessent, No. 2:21-cv-3295 (NJC) (ST), 2025 WL 2576482, at *19 n.19 (E.D.N.Y. Sept. 4, 2025) (quoting Loper Bright, 144 S. Ct. at 2273).
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