On Tuesday, March 24 at 10:00 a.m., the Subcommittee on Workforce Protections, chaired by Rep. Tim Walberg (R-MI), will hold a legislative hearing on the Certainty in Enforcement Act of 2015 (H.R. 548), the Litigation Oversight Act of 2015 (H.R. 549), the EEOC Transparency and Accountability Act (H.R. 550), and the Preserving Employee Wellness Programs Act (H.R. 1189).The hearing will take place in room 2175 of the Rayburn House Office Building.
The Certainty in Enforcement Act of 2015, introduced by Chairman Walberg, provides a safe harbor to employers complying with a federal or state law mandating they perform criminal background checks before hiring for certain jobs.
The Litigation Oversight Act of 2015, introduced by Chairman Walberg, requires EEOC commissioners to approve or disapprove, by majority vote, EEOC-initiated litigation involving multiple plaintiffs or an allegation of systemic discrimination. It also gives individual commissioners the power to require the commission, by majority vote, to approve or disapprove any litigation.
The EEOC Transparency and Accountability Act, introduced by Chairman Walberg, requires – among other provisions – the EEOC to post on its website and in its annual report any case in which EEOC was required to pay fees or costs, where a sanction was imposed against it by a court, and whether the cases were authorized by the commission or brought solely on the general counsel’s authority.
The Preserving Employee Wellness Programs Act, introduced by Chairman John Kline (R-MN), clarifies that if an employer-sponsored wellness program’s financial incentives comply with the Patient Protection and Affordable Care Act and its regulations, then the program is also in compliance with the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
Tuesday’s hearing will provide members the opportunity to discuss the legislation and examine efforts to strengthen EEOC enforcement through enhanced transparency and accountability.