Memo #: 18-028
Date:       2/9/2018
Justice Department Announces It Will No Longer Rely on Agency Guidance Documents in Bringing “Affirmative Civil Enforcement” Litigation

In a significant shift in enforcement policy, the Department of Justice says it will not cite sub-regulatory agency guidance in litigation brought by DOJ. While the change applies only to DOJ for now, it has broader implications for other agencies, including the EEOC and the Labor Department, that sometimes rely on guidance documents when prosecuting companies for alleged violations.
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