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Foxx, Kiley Question EEOC Chair Over Reporting Failures and Backlog Issues

WASHINGTON – Today, Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Workforce Protections Subcommittee Chairman Kevin Kiley (R-CA) sent a letter to U.S. Equal Employment Opportunity Commission Chair Charlotte Burrows raising concerns about the lack of transparency and performance issues within the agency. Specifically, the Members asked about EEOC’s failure to resolve discrimination complaints which resulted in a 20 percent increase in the charge backlog – signaling a return to the high backlogs of the Obama years.
In the letter, Foxx and Kiley write: “EEOC normally posts breakdowns in the types of discrimination charges it received in the previous fiscal year by January of the current fiscal year. These breakdowns are crucial for Congress, practitioners, and the public to understand and compare trends in discrimination charge receipts based on religion, race, sex, and other bases. However, EEOC has not posted its traditional charge data breakdowns for FY 2022.” 
The letter continues: “We were also alarmed to see that the charge backlog has increased by 20 percent, from 42,811 charges pending in FY 2021 to 51,399 charges pending in FY 2022… Individuals who have filed discrimination complaints with EEOC deserve to have them investigated and resolved expeditiously. After all, justice delayed is justice denied.”  
Foxx and Kiley conclude by asking several questions about EEOC’s shortcomings and plans to reform ahead of the next fiscal year:  

  • What is the cause of the delay in posting data on the types of discrimination charges EEOC received in FY 2022? 
  • Will EEOC post its charge data breakdowns for FY 2022 on its “Enforcement and Litigation Statistics” website when it responds to this letter? If not, when will EEOC post this information?
  • What is the cause of the 20 percent increase in the charge backlog from FY 2021 to FY 2022?
  • Have any policies, procedures, or practices changed since former Chair Dhillon’s tenure with respect to charge intake, processing, or investigations? If so, did any of these changes contribute to the 20 percent increase in the charge backlog?
  • How will you ensure the charge backlog is reduced in FY 2023 and FY 2024? 

To read the full letter, click here.


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