This week, Democrats are pushing a joint resolution that repeals common-sense reforms to Equal Employment Opportunity Commission’s (EEOC) woefully inadequate conciliation process.
The Trump administration published these rules to amend what one federal judge called a “sue first, ask questions later” approach to addressing workplace discrimination claims. Published on January 14, 2021, the new EEOC rule restored balance to the conciliation process by strengthening accountability and due process, increasing fairness and transparency, and reducing the likelihood of expensive and time-consuming litigation.
Put simply: this rule made the conciliation process fairer and clearer. S.J. Res. 13 will take this away.
Democrats are hiding behind bureaucracy in hopes that you won’t pay attention to their assault on due process. We’re not going to let that happen:
BACKGROUND
- The EEOC was formed to protect employees from workplace discrimination. Part of their duties involve conciliation, which is a bipartisan-supported process that allows employees and employers to reach out-of-court settlements on discrimination claims.
- Conciliation occurs after the EEOC has investigated the claim and determined that there is “reasonable cause” to believe the employee fell victim to illegal employment practices.
- Unfortunately, a mere 41 percent of cases that go through conciliation successfully resolve a claim. One-third of employers declined to participate altogether, in part due to the lack of transparency in the EEOC’s handling of cases.
- EEOC’s inadequate process caught the eye of the Supreme Court, which ruled in 2015 that the agency must provide employers with additional information about the claim and opportunity to discuss it.
TRUMP ADMINISTRATION ACTION
- The Trump administration issued a final rule that increased transparency by providing employers with proper written justification for why the agency determined that a discriminatory employment practice occurred.
- The rule also ensures that:
- Workers’ privacy is protected;
- Information provided to the employer is also given, upon request, to the employee who filed the claim;
- There is no added burden for EEOC staff; and,
- The rule will not increase costs for taxpayers.
S.J. RES. 13
Without providing any additional measures to protect due process, Democrats are using S.J. Res. 13 to roll back these necessary updates to EEOC’s conciliation procedures. This snub to workers, employers, and the Supreme Court is a baseless, partisan attack that lines lawyers’ pockets. You deserve better than S.J. Res. 13.
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