What This Bill Does
This bill changes how the Equal Employment Opportunity Commission (EEOC), a federal agency that handles workplace discrimination complaints, approves certain legal cases. The bill requires the EEOC's leadership to vote on and approve specific types of lawsuits before the agency can take action on them. This applies to cases involving systemic discrimination (discrimination that affects many people in a pattern) or cases that use major agency resources.
Who It Affects
The Equal Employment Opportunity Commission and its members are directly affected. Employees and employers involved in discrimination lawsuits that the EEOC participates in could be indirectly affected.
Key Provisions
• The EEOC leadership must vote on whether to start, join or participate in lawsuits involving claims of systemic discrimination or patterns of discrimination. (Sec. 2)
• The EEOC leadership must vote on cases expected to cost significant agency resources, including staff time, discovery costs or expert witness expenses. (Sec. 2)
• The EEOC leadership must vote on cases where the agency takes a legal position different from past court decisions in that region. (Sec. 2)
• The EEOC must post information online within 30 days after joining a lawsuit, including the court name, case number, allegation type, legal claims and how each commissioner voted. (Sec. 2)
• No one can receive or use the EEOC's authority to make these voting decisions except the commission members themselves. (Sec. 2)
What Changes
If this bill becomes law, the EEOC must use majority votes to approve certain litigation rather than allowing individual staff members or offices to decide. The agency must also publicly post voting records and case details online.
Important Definitions
Not specified in bill text
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 402
To amend title VII of the Civil Rights Act of 1964 to require the Equal
Employment Opportunity Commission to approve commencing, inter-
vening in, or participating in certain litigation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Mr. BRAUN introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend title VII of the Civil Rights Act of 1964 to
require the Equal Employment Opportunity Commission
to approve commencing, intervening in, or participating
in certain litigation, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘EEOC Transparency
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and Accountability Act’’.
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•S 402 IS
SEC. 2. APPROVAL OF EEOC LITIGATION COMMENCEMENT,
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INTERVENTION, OR PARTICIPATION.
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Section 705 of the Civil Rights Act of 1964 (42
3
U.S.C. 2000e–4) is amended by adding at the end the fol-
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lowing:
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‘‘(l)(1) The Commission shall decide by majority
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vote—
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‘‘(A) whether the Commission will commence or
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intervene in litigation, for—
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‘‘(i) each case involving an allegation of
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systemic discrimination or a pattern or practice
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of discrimination;
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‘‘(ii) each case for which the litigation is
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expected to involve a major expenditure of
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agency resources, including staffing and staff
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time, or expenses associated with extensive dis-
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covery or expert witnesses;
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‘‘(iii) each case presenting an issue on
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which the Commission has taken a position con-
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trary to precedent in the Judicial Circuit of the
20
United States in which the case will be or has
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been filed;
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‘‘(iv) each case presenting an issue on
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which the General Counsel proposes to take a
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position contrary to precedent in the Circuit in
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which the case will be or has been filed; and
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•S 402 IS
‘‘(v) each case that the General Counsel
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reasonably believes to be appropriate for a
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Commission decision on such commencement or
3
intervention, including—
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‘‘(I) cases that implicate areas of the
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law that are not settled; and
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‘‘(II) cases that are likely to generate
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public controversy;
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‘‘(B)
for
each
recommendation
regarding
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whether the Commission will participate as amicus
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curiae in a case, whether the Commission will so
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participate; and
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‘‘(C) in considering at least 1 litigation rec-
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ommendation from each district office of the Com-
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mission each fiscal year, including litigation rec-
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ommendations for cases described in subparagraph
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(A), whether the Commission will commence or in-
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tervene in the litigation for each case.
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‘‘(2) A member of the Commission shall have the
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power to require the Commission to decide by majority
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vote whether the Commission shall commence, intervene
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in, or participate in any litigation as described in para-
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graph (1).
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•S 402 IS
‘‘(3) Neither the Commission nor a member of the
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Commission may delegate the authority provided under
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paragraph (1) or (2) to any other person.
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‘‘(4) Not later than 30 days after the Commission
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commences, intervenes in, or participates in litigation pur-
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suant to approval under this subsection, the Commission
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shall post and maintain the following information on its
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public website with respect to the litigation:
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‘‘(A) The court in which the case was brought.
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‘‘(B) The name and case number of the case.
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‘‘(C) The nature of the allegation.
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‘‘(D) The causes of action for the case brought.
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‘‘(E) Each Commissioner’s vote on com-
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mencing, intervening in, or participating in the liti-
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gation.
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‘‘(5) The Commission shall issue, in a manner con-
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sistent with section 713, procedural regulations to carry
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out this subsection.’’.
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Æ
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