This resolution of disapproval would repeal the Trump administration’s rule that updated conciliation procedures for complaints filed with the Equal Employment Opportunity Commission (EEOC). The “Update of Commission’s Conciliation Process” (aka the “conciliation” rule) was finalized in January 2021 and implemented the next month. It aims to improve the effectiveness of the EEOC’s conciliation program by requiring that employers be provided with information about the claim, the agency’s findings, and at least 14 days to respond before a lawsuit is filed. When it finds discrimination, the EEOC is required by Congress under the Civil Rights Act of 1964 to attempt conciliation before resorting to a lawsuit, and this disapproval resolution would undo the new regulatory framework for that process without eliminating the statutory requirement to attempt conciliation.
In cases where it finds evidence of discrimination, the EEOC is must provide the employer with notice of the specific allegation — including the facts and law supporting the claim, findings, and demands — before it endeavors to “eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” Employers then have at least 14 days to respond before being sued. The EEOC’s conciliation regulatory procedures were issued in 1977 and haven’t been significantly modified prior to the 2021 rule, the agency’s conciliation efforts resolve less than half of charges where evidence supports a discrimination finding.
Congress has the authority to overturn rules within 60 legislative days with simple majority votes in both chambers along with the president’s signature under the Congressional Review Act. If this resolution were enacted, future similar rules couldn’t be enacted without Congressional approval.