Sen. Braun, Sen. Marshall, and Rep. Walberg introduce legislation to increase transparency and accountability in the Equal Employment Opportunity Commission (EEOC)

WASHINGTON –  Sen. Mike Braun and Sen. Roger Marshall introduced legislation to increase transparency and accountability in the Equal Employment Opportunity Commission (EEOC). Rep. Tim Walberg (MI-05) introduced the companion legislation in the House of Representatives.

“The agency tasked with protection against workplace discrimination must ensure fairness and transparency. This bill would promote openness and accessibility to the EEOC’s decisions which affect all working Americans”—Sen. Mike Braun

 “This administration can’t be allowed to get away with its lack of transparency on consequential issues at the EEOC that are impacting working Americans. The American workforce is counting on us to stand up to this President’s discrimination against hardworking individuals.”—Sen. Roger Marshall

 “The public is best served when federal agencies operate in an open and transparent manner. Our legislation will help better shine a light on the actions of the EEOC and make information more readily available to the public.”—Rep. 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.