<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=3500553&amp;fmt=gif">

1 min read

EEOC Proposes Changes to Enhance the Effectiveness of the Conciliation Process

EEOC Proposes Changes to Enhance the Effectiveness of the Conciliation Process

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
  • By hand delivery or courier to Bernadette B. Wilson at the same address as above.

Toni Ahl

President at EEO Advantage, LLC

Related Posts
How to Ensure Your Pay Practices are Non-Discriminatory

How to Ensure Your Pay Practices are Non-Discriminatory

Administering fair compensation practices is not just the right thing to do, it is essential for legal compliance, maintaining a positive workplace...

Employer Responsibility: Workplace Non-Discrimination Under Federal Law

Employer Responsibility: Workplace Non-Discrimination Under Federal Law

The world of employment law continues to change. For HR, staying informed about employment law changes and their implications is crucial. One of the...

Compensation Benchmarking: The HR Leader’s Complete Guide

Compensation Benchmarking: The HR Leader’s Complete Guide

Setting salaries can feel like a guessing game. If you pay employees too little, they leave for better offers. If you pay too much, you strain your...