Following up on a vote by the Equal Employment Opportunity Commission (EEOC) in August to approve proposed revisions to the agency’s procedural regulations governing the process used for conciliation, the EEOC has now published a formal Notice of Proposed Rulemaking designed to implement the changes.
Briefly, the proposal would insert three new subsections into the EEOC’s procedural regulations which together would increase transparency by (among other things) ensuring that a respondent-employer to an EEOC discrimination charge will have an opportunity to fully understand the legal and factual basis for the EEOC’s “reasonable cause” determination. This in turn should eliminate some of the inconsistency in the current process, as well as prompt EEOC investigators to conciliate in good faith.
Members of the Center for Workplace Compliance (CWC) can read more here.