The Equal Employment Opportunity Commission (EEOC) in a rare opinion letter issued last week narrowed the scope in which it will initiate legal action against businesses it believes have engaged in “pattern & practice” discrimination. Although much of the opinion is technical in nature and deals with technical requirements to bringing action under Title VII of the Civil Rights Act, the opinion may signal a more consistent approach to resolve issues before rushing to litigate them. Essentially, the agency adopted a constructionist view of its congressional mandate and is limiting its own power. In the opinion letter, EEOC advises that henceforth it must pursue resolution of discriminatory practices through conference, persuasion and conciliation with a business before legal action will be initiated. Although the opinion refers solely to Title VII of the Civil Rights Act, it may apply to alleged violations of the Americans with Disabilities Act (ADA) and/or Age Discrimination in Employment Act (ADEA) in future actions.