EEOC holds virtual hearing, approves conciliation rule

The Equal Employment Opportunity Commission (EEOC) held a remote meeting on August 18, 2020, to discuss a notice of proposed rulemaking (NPRM) on conciliation. The EEOC is proposing to amend its procedural rules governing conciliation to enhance its effectiveness and create accountability and transparency in the process.

Under Section 706 of Title VII of the Civil Rights Act of 1964 as amended, Congress instructed that after the EEOC finds reasonable cause for any charge, it should “endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.”

In 2015, the U.S. Supreme Court addressed the EEOC’s conciliation requirements in Mach Mining, LLC v. EEOC, 575 U.S. 480 (2015). In the ruling, the Court noted conciliation plays an important role in achieving Congress’ goal of ending employment discrimination.

The EEOC is seeking input through the notice and comment process on the question of whether the proposed amendments will result in additional challenges to its conciliation efforts and whether the challenges would delay or adversely affect litigation filed by the agency. After the hearing’s discussion, the commission voted to send the NPRM to the Office of Management and Budget (OMB) for review.

EEOC resumes issuing right-to sue letters