Accessibility Tools

Skip to main content

Trump Regulation Requiring EEOC to Conciliate Rescinded

Written on .

The current administration has moved rapidly to eliminate the Trump administrators, even during the terms of their employment, and to eliminate administrative rules and guidance issued by the prior administration.  The most recent example is an EEOC regulation issued during the Trump Administration that required the EEOC to give employers far more information about its findings of alleged discrimination during the process of conciliation.  Conciliation is mandated by Title VII where the EEOC files a lawsuit against an employer.  

Bills passed both the House and Senate during May and June under the Congressional Review Act rescinding this EEOC regulation.  The White House supported the legislation saying it would remove "unnecessary and burdensome standards" established by the rule - which would have encouraged employers to focus in litigation on whether the regulation's terms were met, rather than on the allegations of bias.  

Editor's Note:  One could argue that the government too often evaluates the success of a law by how many lawsuits are filed, rather than how often voluntary compliance and voluntary settlements are reached. 

This is part of our October 2021 Newsletter.

Click here to download the newsletter PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

In today's litigious environment, proactive compliance is not just good practice—it's essential for survival. This webinar is designed to e…
sand timer
The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termina…
honduras
The Department of Homeland Security (DHS) has not issued a Federal Register notice to terminate the Temporary Protected Status (TPS) design…
handcuffs, money
President Trump had told federal agencies to consider civil rather than criminal enforcement of their regulations, in an executive order da…
fire employee sad, figurine
President Trump has attempted to extend his authority over federal agencies that previously operated somewhat outside of direct White House…
you are lying, note
Employers have to make a lot of decisions in the workplace, including the famous “he said-she said” issue involving the investigation of se…