Sec. 3. Good faith conference, conciliation, and persuasion

285 words·~1 min read·/bill/113/hr/4959/ih/section-3

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Section 706(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(b) ) is amended— in the sixth sentence— by striking shall endeavor and inserting shall use good faith efforts to endeavor ; and by inserting bona fide after conference, ; in the seventh sentence— by inserting , good faith after such informal ; and by striking persons concerned and inserting employer, employment agency, or labor organization, except for the sole purpose of allowing a party to any pending litigation to present to the reviewing court evidence to ensure the Commission’s compliance with its obligations under this section prior to filing suit ; and by adding at the end the following:

No action or suit may be brought by the Commission under this title unless the Commission has in good faith exhausted its conciliation obligations as set forth in this subsection. No action or suit shall be brought by the Commission unless it has certified that conciliation is at impasse. The determination as to whether the Commission engaged in bone fide conciliation efforts shall be subject to judicial review. The Commission’s good faith obligation to engage in bona fide conciliation shall include providing the employer, employment agency, or labor organization believed to have engaged in an unlawful employment practice with all information regarding the legal and factual bases for the Commission’s determination that reasonable causes exist as well as all information that supports the Commission’s requested monetary and other relief (including a detailed description of the specific individuals or employees comprising the class of persons for whom the Commission is seeking relief and any additional information requested that is reasonably related to the underlying cause determination or necessary to conciliate in good faith). .

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42 USC 2000e–5(b)

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Sec. 3

Good faith conference, conciliation, and persuasion

Cite42 USC 2000e–5(b)

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