©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 12 For example, in Sutherland v. Peterson’s Oil Service, Inc., the U.S. Court of Appeals for the First Circuit noted the EEOC’s authority to issue regulations implementing the definitions of disability under the ADA as a quintessential example of Congress “expressly delegat[ing] to an agency the authority to give meaning to a particular statutory term,” as the Court had explained in Loper Bright.21 Elsewhere, the end of Chevron deference should not affect the way that federal courts are likely to view the EEOC’s Title VII guidance, as that guidance has only received Skidmore deference, and not Chevron deference, since the Court’s ruling in General Electric Co. v. Gilbert, 429 U.S. 125 (1976). For example, in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit held that for an employee to hold her employer liable for non-employee harassment under Title VII, she must show that the employer intended for the harassment to occur.22 The court noted that its holding departed from the EEOC’s reading of Title VII, which deemed negligence enough to hold an employer directly liable for workplace harassment committed by a non-employee.23 The court explained that the EEOC’s interpretative authority over Title VII has limited reach, with the agency authorized to issue only procedural regulations setting forth the steps for pursuing a claim under Title VII, not substantive ones interpreting the statutory rights of parties.24 Relying on Loper Bright, the court continued that even if the EEOC had express authority to interpret Title VII’s substantive provisions, courts would still be obliged to independently interpret the statute.25 Finally, citing Skidmore as well as Loper Bright, the court noted that its respect for the EEOC’s interpretation of Title VII extended only so far as the court found that reading persuasive, which it did not in the case at bar.26 5. Recent EEOC Guidance on Vision and Hearing On January 24, 2023, the EEOC published guidance27 regarding hearing disabilities in the workplace. The guidance contained a series of question-and-answer documents addressing how the ADA applies to job applicants and employees with hearing disabilities. In particular, the document explained: when an employee may ask an applicant or employee questions about a hearing condition and how it should treat voluntary disclosures; what types of reasonable accommodations applicants or employees with hearing disabilities may need; how an employer should handle safety concerns about applicants and employees with hearing disabilities; and how an employer can ensure that no employee is harassed because of a hearing disability. In a similar vein, on July 26, 2023, the EEOC published updated guidance regarding individuals with vision disabilities in the workplace.28 This technical assistance document explained how the ADA applies to job applicants and employees with disabilities. The document outlined when, according to the EEOC, an employer may ask an applicant or employee questions about their vision, how an employer should treat voluntary disclosure about visual disabilities, and what types of reasonable accommodations those with visual disabilities may need in the workplace. The document also highlighted new technologies for reasonable accommodations, and described how using artificial intelligence and algorithms to make employment decisions can impact individuals with visual disabilities. Finally, the guidance also addressed how an employer should handle safety concerns about applicants and employees with visual disabilities, and methods to prevent harassment and retaliation. 21 Sutherland v. Peterson’s Oil Serv., Inc., 126 F.4th 728, 738 n.5 (1st Cir. 2025) (quoting Loper Bright Enters., 144 S. Ct. at 2263 (cleaned up)). 22 Bivens v. Zep, Inc., 147 F.4th 635, 645-46 (6th Cir. 2025). 23 Id. at 645. 24 Id. at 646. 25 Id. 26 Id. at 645-46. 27 U.S. Equal Employment Opportunity Commission, Hearing Disabilities in the Workplace and the Americans with Disabilities Act (Jan. 24, 2023), https://www.eeoc.gov/laws/guidance/hearing-disabilities-workplace-and-americans-disabilities-act 28 U.S. Equal Employment Opportunity Commission, Press Release: Updated EEOC Resources About the ADA and Individuals with Visual Disabilities at Work (July 26, 2023), https://www.eeoc.gov/newsroom/updated-eeoc-resource-about-ada-and-individuals-visual-disabilitieswork#:~:text=%E2%80%9CProviding%20reasonable%20accommodations%20is%20an,the%20resources%20needed%20to%20succeed.
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