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Consider impact of DOJ regulation restricting reliance on guidance documents
Author(s) -
Masinter Michael R.
Publication year - 2020
Publication title -
disability compliance for higher education
Language(s) - English
Resource type - Journals
eISSN - 1943-8001
pISSN - 1086-1335
DOI - 10.1002/dhe.30954
Subject(s) - agency (philosophy) , enforcement , economic justice , political science , law , business , regulatory agency , law and economics , public administration , economics , sociology , social science
To comply with civil rights laws, institutions look to the text of those laws, legally binding regulations, court decisions, and often to agency guidance documents. Questions have arisen in recent years about the legal significance of guidance documents — is the failure to follow guidance documents a violation of law? To help answer that question, the Department of Justice published on Oct. 7 a new regulation that severely restricts DOJ attorneys from relying on guidance documents in enforcement actions.