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***MEDIA ADVISORY*** Subcommittee to Examine Legislation to Provide Greater EEOC Transparency and Accountability

On Wednesday, September 17 at 10:00 a.m., the Subcommittee on Workforce Protections, chaired by Rep. Tim Walberg (R-MI), will hold a legislative hearing on the 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 (H.R. 5423). The hearing will take place in room 2175 of the Rayburn House Office Building.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. At a recent oversight hearing, witnesses shared growing concerns with various EEOC regulatory and enforcement actions. For example, “guidance” finalized in 2012 limits employers’ use of criminal background checks during the hiring process. The subcommittee also examined EEOC’s increasing reliance on systemic discrimination cases and the commission’s delegation of its litigation authority to the Office of General Counsel. In response to these concerns, a number of legislative proposals have been introduced:
  • H.R. 4959, introduced by Rep. Richard Hudson (R-NC), would increase EEOC transparency by, among other provisions, requiring the commission to post on its website and in its annual report any case in which the commission was required to pay court sanctioned fees or costs.
  • H.R. 5422, introduced by Rep. Walberg, would require EEOC commissioners to approve by majority vote all EEOC-initiated litigation involving multiple plaintiffs or allegations of systemic discrimination.
  • H.R. 5423, also introduced by Rep. Walberg, would provide a safe harbor to employers complying with federal or state mandates, such as a law requiring criminal background checks.

Wednesday’s hearing will provide members the opportunity to examine these proposals and ongoing concerns over EEOC’s regulatory and enforcement practices.

To learn more about the hearing, visit /hearings.


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Ms. Lynn A. Clements
Director, Regulatory Affairs
Berkshire Associates, Inc.
Columbia, MD

Mr. Eric S. Dreiband
Jones Day
Washington, D.C.

Mr. Michael L. Foreman
Director, Civil Rights Appellate Clinic
The Pennsylvania State University, Dickinson School of Law
State College, PA

Mr. William F. Lloyd
General Counsel
Deloitte LLP
New York, NY