Standing, Discrimination, Administrative
State has Article III standing to challenge EEOC employment guidance, as it would have to either change its hiring policies or incur costs.
Since the agency, although it has no enforcement authority, can make policy changes that cause injuries sufficient for Article III harms, lack of enforcement power is not a per se bar to the action being sufficiently final under the APA.
Safe harbors and definitions for key terms speak to finality.
An agency can alter rights without issuing guidance that courts are legally bound to defer to.
Dissent. Nope, and not ripe, either.
State of Texas v. EEOC, et al
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.