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Walberg Statement: Hearing on H.R. 5423, "EEOC Transparency and Accountability Act (H.R. 4959), the Litigation Oversight Act of 2014 (H.R 5422), and the Certainty in Enforcement Act of 2014"

Today we will discuss a number of legislative proposals that would bring greater transparency and accountability to the Equal Employment Opportunity Commission. 
   
We are here because every member of the committee recognizes the EEOC is a vitally important agency. It has a responsibility to protect the right of all workers to a fair shot at employment opportunities and a workplace free of discrimination. This is a fundamental human right each and every one of us holds dear. No one should be denied a job, have their wages cut, or be passed over for a promotion because of their race, gender, religion, or disability.
  
We are here because we want the EEOC to do its job, and more importantly, to do its job effectively. That is why in recent months we have made oversight of EEOC a priority, because we know men and women are being discriminated against; we know bad actors would rather put their own hateful prejudice before the talent and experience of each individual worker. It isn’t right and it is EEOC’s mission to help stop it from happening.

Unfortunately, in recent years, the EEOC has shifted its focus away from that vital mission. Instead, it has spent a great deal of time and resources advancing a deeply flawed enforcement and regulatory agenda. Employers have fallen under EEOC’s intense scrutiny without any allegation of employment discrimination. Charges are being filed in federal court with little to no evidence of wrongdoing. Federal judges have harshly and appropriately criticized the agency for its shoddy legal work.

Each day the agency harasses employers without cause and every case tossed out of court for legal malpractice is another lost opportunity to help victims of employment discrimination. It means the veteran, injured and disabled while serving our country, will continue waiting forhis day in court. It means the single mom, who worked long and hard to earn a promotion, will continue waiting for her day in court.

More than 70,000 individual complaints are sitting in front of the commission. The backlog represents thousands of private-sector workers who believe their rights were violated and who are waiting anxiously for the commission to do its job. As the old saying goes, “justice delayed is justice denied.” It’s time to stop denying these men and women the justice they deserve.

Not only is the EEOC dropping the ball with its misguided enforcement priorities, it is also pursuing a regulatory scheme that is making it more difficult for employers to protect employees and consumers. In recent years, states and localities have adopted policies to protect Americans in vulnerable situations who come in contact with workers, such as at home and in the classroom. The EEOC has eviscerated these efforts. Quite simply, the agency’s edict restricting the use of criminal background checks is putting people in harm’s way, including women and children.

It’s time the agency changed course and that’s precisely what the legislation before us is intended to do. Among other provisions, the proposals will help shine more sunlight on EEOC activities, compel the agency to work with employers in good faith to resolve complaints, force the commissioners to do their jobs and oversee the agency’s enforcement actions, and provide a safe harbor to employers complying with federal, state, and local mandates, such as laws requiring criminal background checks during the hiring process.

These are commonsense reforms that should enjoy overwhelming bipartisan support. By supporting the legislation, you are supporting transparency at a vitally important federal agency. By supporting the legislation, you are supporting the ability of states to promote a safe and responsible workforce. By supporting the legislation, you are supporting an effort to get this agency back on track to better protect the rights of America’s workers.

I urge my colleagues to support a more effective, accountable Equal Employment Opportunity Commission by supporting the legislation. I would like to thank my colleague, Representative Hudson, for his leadership on this important issue. Again, we are grateful to our witnesses for joining us and I look forward to our discussion.

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