Reading Room Document

Transfer of Responsibility to Make Preliminary Determination of Merits of Federal Employee's Complaint From Equal Employment Opportunity Commission to Civil Rights Commission's Successor Agency

This document is a memorandum opinion regarding Reorganization Plan No. 1 of 1978, which involves the transfer of the responsibility for enforcement of equal opportunity in Federal employment from the Civil Service Commission to the Equal Employment Opportunity Commission. The document addresses two legal questions related to the transfer. The first question is whether the independence of the successor agency would be affected by the transfer of the responsibility for making a preliminary determination of the merits of a Federal employee’s allegation. The second question is whether the placement of power in an executive agency to review and overturn a preliminary decision reached by an independent agency impinges on the independent status of the latter. The conclusion reached in the document is that the delegation under § 3(b) of the Plan will not raise questions as to the independent status of the CSC successor agency.

March 16, 1978