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EEOC Proposes Changes to Enhance the Effectiveness of the Conciliation Process

2020-10-10

Public comments are request on proposed changes

EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to amend its procedural conciliation regulations governing Title VII, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination  Act (GINA), and the Age Discrimination in Employment Act (ADEA).  With the proposed changes, the agency desires to “enhance efficiency and transparency, and better encourage a negotiated resolution when possible.”

Section 706(b) [Enforcement Provisions] of Title VII empowers the Commission to prevent any person from engaging in any unlawful employment practice.  “If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.”  According to EEOC, they may “only commerce a civil action against an employer if the Commission has not been able to secure a conciliation agreement that is acceptable to the Commission.”  In the Supreme Court case of Mach Mining, LLC v. EEOC the Court noted “that conciliation plays an important role in achieving Congress’s goal of ending employment discrimination.”

EEOC is seeking input through the NPRM and 30-day comment process on the questions of whether these proposed amendments will result in additional challenges to the Commission’s conciliation efforts, and whether such challenges would delay or adversely impact litigation brought by the Commission.

Comments may be submitted using the RIN Number 3046-AB19 through any of the following methods:

  • Federal eRulemaking Portal
  • By fax at (202) 663-4114
  • By mail to Bernadette B. Wilson, Executive Officer, Executive Secretariat, EEOC, 131 M Street, NE, Washington, DC  20507, or
  • By hand delivery or courier to Bernadette B. Wilson at the same address as above.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.