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Congress revokes EEOC rule in employment bias cases

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EEOC

Congress has revoked a controversial rule, introduced during the closing days of the Trump Administration, that determines how the U.S. Equal Employment Opportunity Commission settles employment discrimination cases.

The EEOC said in a statement that on Thursday, the U.S. House of Representatives voted to overturn a rule that has imposed “rigid” new procedures on the agency’s duty to settle meritorious employment discrimination claims through conciliation. The vote was 219-210.

Using the Congressional Review Act, the U.S. Senate had approved the measure rescinding the rule on May 19, and it will now be sent to President Biden to sign into law, the agency said in its statement. The Senate vote was 50-48.

Provisions of the rule include that employer be given a written summary of the facts of a case, the legal basis for finding reasonable cause for discrimination and the basis for monetary or other relief, and be given at least 14 calendar days to respond.

The rule was published Jan. 14 in the Federal Register with a Feb. 16 effective date.

“Conciliation is a critical tool to help protect the civil rights of America’s workers,” said EEOC Chair Charlotte A. Burrows, a Democrat who was named the agency’s chair by President Biden in January.

“The action by Congress restores the Commission’s flexibility to tailor the conciliation process to the facts and circumstances of each case, thus increasing the likelihood of a successful resolution. EEOC is committed to resolving cases in conciliation whenever possible as one of the most effective means to remedy and prevent discrimination in the workplace.”   

The agency said in its statement that Title VII of the Civil Rights Act of 1964 requires the EEOC to try to settle discrimination charges the agency believes have merit before considering litigation.

It said the Supreme Court’s  unanimous 2015 decision in Mach Mining, LLC v. EEOC clarified what the agency must do to satisfy the conciliation requirement “and  EEOC has consistently followed these standards.” The Mach ruling held the agency has “extensive discretion” to determine the kind and amount of communication it has with an employer.

The agency said with Congress’ decision “to overturn the rigid conciliation rule, EEOC’s conciliation process will again be governed by the standards set for the by the Supreme Court in Mach Mining.”

In May, when the Senate voted to disapprove the rule, Majority Senator Mitch McConnell, R-Kentucky, said in a statement in opposition that it “helps ensure the Commission is making a good-faith effort to see if the dispute can be settled outside of court before beginning a costly, adversarial process.”

Senate Majority leader Chuck Schumer, D-N.Y., said overturning the rule “means the EEOC will now have the power to fight on worker’s behalf against discriminatory behavior and win without unnecessary delay.”

 

 

 

 

 

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