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Congressional Democrats disapprove EEOC's conciliation rule

April 2021 employment law letter
Authors: 
H. Juanita Beecher, FortneyScott

Senator Patty Murray (D-Washington) and Representative Bobby Scott (D-Virginia) filed resolutions to disapprove the Equal Employment Opportunity Commission's (EEOC) conciliation rule under the Congressional Review Act (CRA). The Act allows Congress to repeal regulations that cannot be filibustered. Republicans under the prior administration had used the CRA to repeal more than a dozen of the Obama administration regulations.

The conciliation rule (https://bit.ly/3auNYJZ), which became effective February 16, requires the EEOC to provide employers with "a summary of facts and non-privileged information"used to determine there is "reasonable cause"to believe discrimination occurred, details about the basis for a worker's allegation of bias, the methodology for any relief sought by the agency, and "identification of a systemic, class or pattern or practice designation."The Democratic EEOC commissioners, now Chair Charlotte Burrows and Vice Chair Jocelyn Samuels, strongly objected to the proposal as giving too much information to employers, which could have a chilling effect on victims of discrimination.

EEOC opens EEO-1 Report Portal

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