WASHINGTON – Today Sen. Mike Braun, Sen. Richard Burr, Sen. Roger Marshall and Sen. Jerry Moran introduced legislation to increase transparency and accountability in the Equal Employment Opportunity Commission (EEOC). Rep. Tim Walberg (MI-07) introduced the companion legislation in the House of Representatives.

“Our government works better when they are held to account, especially in an organization like the EEOC that administers and enforces civil rights laws against workplace discrimination. This landmark bill would ensure fairness and transparency in decisions that affect all working Americans.”—Senator Mike Braun

“The public is best served when federal agencies operate in an open and transparent manner. Our legislation will help shine more sunlight on the EEOC, requiring the Commission to take up or down votes on significant litigation cases and to make those vote outcomes accessible online.”—Rep. Tim Walberg

BACKGROUND:

The Equal Employment Opportunity Commission (EEOC) is an independent federal agency tasked with enforcing federal laws that protect individuals from employment discrimination, including the Civil Rights Act and the Americans with Disabilities Act. In 1995, the Commission delegated a large portion of its litigation authority to the General Counsel’s Office. During the Trump Administration, the Commission voted to reclaim their authority and increase accountability by requiring Commission approval for certain cases. Under the Biden Administration, the EEOC is widely expected to reverse these changes and give more power back to the general counsel, reducing transparency and accountability.

This legislation would:

  • Amend Title VII of the Civil Rights Act of 1964 to require EEOC Commissioners to decide, by majority vote, to commence or intervene in litigation for certain cases.
  • Require that the Commission to publicly post online information related to litigation, including each Commissioner’s vote on deciding whether to commence litigation.

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Issues