I 
113TH CONGRESS 
2D SESSION 
H. R. 4959 
To direct the Equal Employment Opportunity Commission to maintain up- 
to-date information on its website regarding charges and actions brought 
by the Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2014 
Mr. HUDSON (for himself, Mr. KLINE, and Mr. WALBERG) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To direct the Equal Employment Opportunity Commission 
to maintain up-to-date information on its website regard-
ing charges and actions brought by the Commission, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘EEOC Transparency 
and Accountability Act’’. 
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SEC. 2. AVAILABILITY OF INFORMATION ABOUT CASES ON 
THE EEOC WEBSITE. 
(a) IN GENERAL.—Beginning not later than 30 days 
after the date of enactment of this Act, the Equal Employ-
ment Opportunity Commission shall maintain the fol-
lowing up-to-date information on its public website: 
(1) A description of each case brought in court 
by the Commission, not later than 30 days after a 
judgment is made with respect to any cause of ac-
tion in the case, without regard to whether the judg-
ment is final. Such description shall identify— 
(A) the court in which the case was 
brought; 
(B) the name and case number of the case, 
the nature of the allegation, the causes of ac-
tion brought, and the outcome of each cause of 
action in the case; 
(C) each instance in which the Commission 
was ordered to pay fees and costs, including the 
amount of such fees and costs ordered to be 
paid and, when applicable, the amount of fees 
and costs actually paid by the Commission and 
the reason for the fee or cost award; 
(D) whether the case was authorized by a 
majority vote of the Commission or was brought 
pursuant to the Commission’s delegation of au-
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thority to the General Counsel of the Commis-
sion, including the basis on which the General 
Counsel determined that submission to the 
Commission for authorization was not necessary 
and a justification of that decision; 
(E) any case in which a sanction was im-
posed on the Commission, including the amount 
of such sanction and the reason for the sanc-
tion; and 
(F) any appeal and the outcome of the ap-
peal. 
(2) The total number of charges of an alleged 
unlawful employment practice filed during the pre-
ceding fiscal year by a member of the Commission, 
as authorized by the Commissioner charge authority 
under section 706(b) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–5(b)) and section 107(a) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12117(a)), and the total number of resolutions of 
such charges disaggregated by type of resolution. 
(3) The total number of charges of an alleged 
unlawful employment practice filed during the pre-
ceding fiscal year as a result of the Commission’s 
use of its directed investigation authority under sec-
tion 7(a) of the Age Discrimination in Employment 
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Act of 1967 (29 U.S.C. 626(a)) and section 11(a) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
211(a)), and the total number of resolutions of such 
charges disaggregated by type of resolution. 
(4) Each case of systemic discrimination (in-
cluding pattern or practice discrimination) brought 
in court by the Commission under section 706 or 
707 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–5, 2000e–6) within the preceding 30 days, 
the court in which the case was brought, the name 
and case number of the case, the industry involved, 
the employment practice or practices at issue, the 
nature of the alleged discrimination, and the cir-
cumstances of the systemic discrimination alleged in 
the case. 
(b) DISAGGREGATION.—With respect to the total 
number of charges of alleged unlawful employment prac-
tices provided under paragraphs (2) and (3) of subsection 
(a), the Commission shall, on its public website, 
disaggregate each such total number by the number of 
such charges filed in each State, and within each State, 
by the number of such charges alleging discrimination on 
the basis of, or filed under, each of the following: 
(1) Race. 
(2) Sex. 
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(3) National Origin. 
(4) Religion. 
(5) Color. 
(6) Retaliation. 
(7) Age. 
(8) Disability. 
(9) Section 6(d) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(d)). 
(c) ANNUAL PERFORMANCE REPORT.—Beginning 
fiscal year 2015, the Commission shall include in its an-
nual performance report under section 1116 of title 31, 
United States Code, the information described in para-
graphs (1) through (4) of subsection (a) for the preceding 
fiscal year, except that such information shall not be 
disaggregated in accordance with subsection (b). 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘State’’ has the meaning given the term in section 
701 of the Civil Rights Act of 1965 (42 U.S.C. 2000e). 
SEC. 3. GOOD FAITH CONFERENCE, CONCILIATION, AND 
PERSUASION. 
Section 706(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–5(b)) is amended— 
(1) in the sixth sentence— 
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(A) by striking ‘‘shall endeavor’’ and in-
serting ‘‘shall use good faith efforts to endeav-
or’’; and 
(B) by inserting ‘‘bona fide’’ after ‘‘con-
ference,’’; 
(2) in the seventh sentence— 
(A) by inserting ‘‘, good faith’’ after ‘‘such 
informal’’; and 
(B) by striking ‘‘persons concerned’’ and 
inserting ‘‘employer, employment agency, or 
labor organization, except for the sole purpose 
of allowing a party to any pending litigation to 
present to the reviewing court evidence to en-
sure the Commission’s compliance with its obli-
gations under this section prior to filing suit’’; 
and 
(3) by adding at the end the following: ‘‘No ac-
tion or suit may be brought by the Commission 
under this title unless the Commission has in good 
faith exhausted its conciliation obligations as set 
forth in this subsection. No action or suit shall be 
brought by the Commission unless it has certified 
that conciliation is at impasse. The determination as 
to whether the Commission engaged in bone fide 
conciliation efforts shall be subject to judicial review. 
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The Commission’s good faith obligation to engage in 
bona fide conciliation shall include providing the em-
ployer, employment agency, or labor organization be-
lieved to have engaged in an unlawful employment 
practice with all information regarding the legal and 
factual bases for the Commission’s determination 
that reasonable causes exist as well as all informa-
tion that supports the Commission’s requested mon-
etary and other relief (including a detailed descrip-
tion of the specific individuals or employees com-
prising the class of persons for whom the Commis-
sion is seeking relief and any additional information 
requested that is reasonably related to the under-
lying cause determination or necessary to conciliate 
in good faith).’’. 
SEC. 4. REPORTING TO CONGRESS REGARDING CASES IN 
WHICH THE EEOC IS ORDERED TO PAY FEES 
AND COSTS OR SANCTIONS. 
(a) INVESTIGATION
AND REPORT
OF INSPECTOR 
GENERAL.—In any case brought by the Equal Employ-
ment Opportunity Commission in which a court orders the 
Commission to pay fees and costs or imposes a sanction 
on the Commission, the Inspector General of the Commis-
sion shall— 
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