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EEOC Commissioner Samuels confirmed for 2nd term

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

The Senate confirmed Jocelyn Samuels for a second term on Wednesday, July 14, which will end in 2026. Vice Chair Samuels was first confirmed last September, but her term was to end in July.

Before joining the Equal Employment Opportunity Commission (EEOC), Samuels served as director of a California think tank focused on sexual orientation and gender identity policy. She previously served as director of the Office of Civil Rights in the U.S. Department of Health and Human Services (DHS) and as acting assistant attorney general for civil rights at the U.S. Department of Justice (DOJ).

President Biden rescinds conciliation rule

On June 30, 2021, President Joe Biden signed the resolution rescinding the EEOC's Conciliation Rule under the Congressional Review Act (CRA). The House approved rolling back the regulation under the CRA on June 24, and the Senate approved it in May.

The rule, which went into effect February 16, 2021, was approved by a sharply divided EEOC. It set out the baseline of what information had to be provided to employers that chose to take part in the agency's conciliation process, including details about what facts led the agency to conclude reasonable cause to believe unlawful bias, harassment, or retaliation occurred; the founding on which any monetary remedies are based; and whether it was pursing systemic, class, or pattern or practice allegations. Employers then have 14 days to respond to any settlement or offer the agency made during the conciliation process.

EEOC extends filing deadline for EEO-1 Reports

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