The Office of the Assistant General Counsel for Employment, Litigation, and Information (AGC/ELI) provides legal advice and services to all of the bureaus within the Department with respect to general litigation matters, labor and employment issues, and information law matters.
The AGC/ELI supervises and directs all employment and non-employment related litigation brought by or against the Department as a whole, and handles matters involving information law and related issues. The office consists of the Assistant General Counsel and three divisions -- the Employment and Labor Law Division, the General Litigation Division, and the Information Law Division.
Employment and Labor Law Division
The Employment and Labor Law Division (ELLD) provides counseling on all aspects of employment law, the Equal Employment Opportunity (EEO) complaint process, and Federal sector labor-management relations law. ELLD attorneys represent the Department in administrative proceedings involving personnel matters before the Merit Systems Protection Board, the Office of Special Counsel, and the Foreign Service Grievance Board; in Equal Employment Opportunity cases before the Equal Employment Opportunity Commission; and in labor proceedings before the Federal Labor Relations Authority. ELLD attorneys also represent the Department in third-party arbitrations and assist the Department of Justice with litigation arising out of personnel actions and EEO complaints.
General Litigation Division
The General Litigation Division (GenLit) handles a wide range of litigation matters, including tort litigation, admiralty law, constitutional claims, representation of individual agency employees, evidentiary and testimonial procedures, administrative law, commercial law; environmental law; the Debt Collection Act, and the Program Fraud and Civil Remedies Act. In qui tam cases, GenLit consults with the DOC’s Inspector General, investigates cases, and prepares DOC’s recommendation for or against Department of Justice intervention. GenLit also administers the Department’s “Touhy” regulations, which govern the production of documents and the testimony of Department employees in litigation not involving the Department. Finally, GenLit assists with appellate matters, supporting DOC’s institutional interests and statutory missions in federal appellate and Supreme Court litigation.
Information Law Division
The Information Law Division is newly-created and is responsible for all matters pertaining to the FOIA, the Privacy Act, the Federal Advisory Committee Act, the Government in the Sunshine Act, records management, the Trade Secrets Act, the Paperwork Reduction Act, and the classification and protection of records for national security reasons. The Information Law Division is also responsible for processing the Department’s FOIA appeals for final agency decision by the AGC/ELI; provides advice on FOIA matters to the Department and its bureaus; and assists the Department of Justice in litigation in these subject matter areas.