Compliance Memos: July 2021

Tasha Patterson@Work

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Congress Rejects Updates to EEOC Conciliation Procedures

The Senate (on May 19) and the House (on June 24) passed resolutions to reject changes to the conciliation procedures the Equal Employment Opportunity Commission (EEOC) uses when charging employers with violations of civil rights laws enforced by the EEOC. The “disapproval” resolutions were expected to be signed soon by President Biden, which will cancel the changes. The goal of the changes, enacted in the closing weeks of the Trump administration, had been to close cases more quickly without litigation and to ensure the conciliation process could reliably meet criteria of the U.S. Supreme Court in Mach Mining, LLC v. EEOC, 575 U.S. 480 (2015). The updated rules required the EEOC to provide more information to employers regarding its findings (the nature of the charges) and its demands to remedy the alleged violation. Proponents believed that if employers had more information from the EEOC, they might be more likely to conciliate. In 2020, only 43.6% of EEOC cases had successful conciliations. To learn more about the Mach Mining opinion, visit https://www.supremecourt.gov/opinions/14pdf/13-1019_c1o2.pdf.

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