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Trump Regulation Requiring EEOC to Conciliate Rescinded

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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.

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