Sec. 4. EEOC transparency and accountability
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/bill/114/s/2693/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning not later than 30 days after the date of enactment of this Act, the Equal Employment Opportunity Commission shall maintain up-to-date information on its public website consisting of the following: A description of each case brought in court by the Commission, not later than 30 days after a judgment is made with respect to any cause of action in the case, without regard to whether the judgment is final. Such description shall identify— the court in which the case was brought; the name and case number of the case, the nature of the allegation, the causes of action brought, and the outcome of each cause of action in the case; each instance in which the Commission was ordered to pay fees or costs, including the amount of such fees or costs ordered to be paid and, when applicable, the amount of fees or costs actually paid by the Commission, and the reason for the fee or cost award; whether the case was authorized by a majority vote of the Commission or was brought pursuant to the Commission’s delegation of authority to the General Counsel of the Commission, and, in the case of such a delegation, the basis on which the General Counsel determined that submission to the Commission for authorization was not necessary and a justification of that decision; any case in which a sanction was imposed on the Commission, including the amount of such sanction and the reason for the sanction; and any appeal and the outcome of the appeal.
During a fiscal year, the total number of charges of an alleged unlawful employment practice or discrimination filed during the preceding fiscal year by a member of the Commission, as authorized by the Commissioner charge authority under section 706(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(b) ) and section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ), and the total number of resolutions of such charges, disaggregated by type of resolution.
The total number of charges of an alleged unlawful practice or discrimination filed during the preceding fiscal year as a result of the Commission’s use of its directed investigation authority under section 7(a) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(a) ) and (for purposes of charges of violations of section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) )) under section 11(a) of such Act ( 29 U.S.C. 211(a) ), and the total number of resolutions of such charges disaggregated by type of resolution.
A description of each case of systemic discrimination (including pattern or practice discrimination) brought in court by the Commission under section 706 or 707 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 , 2000e–6) within the preceding 30 days, the court in which the case was brought, the name and case number of the case, the industry involved, the employment practice or practices at issue, the nature of the alleged discrimination, and the circumstances of the systemic discrimination alleged in the case.
With respect to the total number of charges of alleged unlawful employment practices, unlawful practices, and discrimination provided under subparagraphs
(B)and
(C)of paragraph (1), the Commission shall, on its public website, disaggregate each such total number by the number of such charges filed in each Commission District, and within each Commission District, by the number of such charges alleging discrimination on the basis of, or filed under, each of the following categories: Race. Sex (except as provided in clause (ix)). National origin. Religion. Color. Retaliation. Age. Disability. Section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ). In preparing disaggregated data under subparagraph (A), the Commission shall note in the data which charges fall in 2 or more of the categories described in subparagraph (A). Beginning in fiscal year 2017, the Commission shall include in its annual performance report under section 1116 of title 31, United States Code, the information described in subparagraphs
(A)through
(D)of paragraph
(1)for the preceding fiscal year, except that such information shall not be disaggregated in accordance with paragraph (2). Section 706(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(b) ) is amended— by striking
(b)and inserting (b)(1) ; in the sixth sentence— by striking shall endeavor and inserting shall use good faith efforts to endeavor ; and by striking informal methods of conference, conciliation, and persuasion and inserting bona fide, informal, good faith methods of conference, conciliation, and persuasion (referred to in this subsection as ; bona fide informal good faith endeavors ) in the seventh sentence— by striking informal endeavors and inserting bona fide informal good faith endeavors ; and by striking persons concerned and inserting respondent involved, 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 obligations to use bona fide informal good faith endeavors as set forth in this subsection. No action or suit shall be so brought by the Commission unless it has certified that bona fide informal good faith endeavors are at an impasse. The determination as to whether the Commission engaged in bona fide informal good faith endeavors shall be subject to judicial review. The Commission’s good faith obligation to engage in bona fide informal good faith endeavors shall include providing the respondent 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 cause exists that a charge is true 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 use bona fide informal good faith endeavors). . For any case brought by the Equal Employment Opportunity Commission in which a court orders the Commission to pay fees or costs or imposes a sanction on the Commission, the Inspector General of the Commission shall— notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of the order or sanction within 14 days after the court’s decision, and includes in the notification the name of the case, the nature of the court’s determination, and the amount of fees or costs ordered or the amount of the sanction imposed by the court; and conduct an investigation to determine why an order for a sanction, fees, or costs was imposed by the court, and, not later than 90 days after the court’s decision, submit a related report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives that includes— information obtained from interviews and affidavits of each member and staff person of the Commission involved in the case; the amount of resources allocated to the case, including in terms of full-time equivalents; a comparison of the case to other cases in which a court ordered fees or costs or imposed sanctions against the Commission; if the determination to bring the case was not by a vote of the full Commission, the reasons such a vote was not held; and any other relevant information. For any case described in paragraph (1), the Commission, in consultation with the General Counsel of the Commission, shall— not later than 60 days after the court’s decision, submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing the steps the Commission is taking to reduce instances in which a court orders the Commission to pay fees or costs or imposes a sanction on the Commission; and not later than 30 days after the day on which the report is submitted to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives under subparagraph (A), post such report on its public website.
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- 42 USC 2000e–5(b)
- 42 USC 2000e–5
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Sec. 4
EEOC transparency and accountability
Cite42 USC 2000e–5(b)
Cite42 USC 2000e–5
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