I 
118TH CONGRESS 
1ST SESSION H. R. 1054 
To amend title VII of the Civil Rights Act of 1964 to require the Equal 
Employment Opportunity Commission to approve commencing, inter-
vening in, or participating in certain litigation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2023 
Mr. WALBERG introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend title VII of the Civil Rights Act of 1964 to 
require the Equal Employment Opportunity Commission 
to approve commencing, intervening in, or participating 
in certain litigation, 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. APPROVAL OF EEOC LITIGATION COMMENCEMENT, 
INTERVENTION, OR PARTICIPATION. 
Section 705 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4) is amended by adding at the end the fol-
lowing: 
‘‘(l)(1) The Commission shall decide by majority 
vote— 
‘‘(A) whether the Commission will commence or 
intervene in litigation, for— 
‘‘(i) each case involving an allegation of 
systemic discrimination or a pattern or practice 
of discrimination; 
‘‘(ii) each case for which the litigation is 
expected to involve a major expenditure of 
agency resources, including staffing and staff 
time, or expenses associated with extensive dis-
covery or expert witnesses; 
‘‘(iii) each case presenting an issue on 
which the Commission has taken a position con-
trary to precedent in the Judicial Circuit of the 
United States in which the case will be or has 
been filed; 
‘‘(iv) each case presenting an issue on 
which the General Counsel proposes to take a 
position contrary to precedent in the Circuit in 
which the case will be or has been filed; and 
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‘‘(v) each case that the General Counsel 
reasonably believes to be appropriate for a 
Commission decision on such commencement or 
intervention, including— 
‘‘(I) cases that implicate areas of the 
law that are not settled; and 
‘‘(II) cases that are likely to generate 
public controversy; 
‘‘(B) 
for 
each 
recommendation 
regarding 
whether the Commission will participate as amicus 
curiae in a case, whether the Commission will so 
participate; and 
‘‘(C) in considering at least 1 litigation rec-
ommendation from each district office of the Com-
mission each fiscal year, including litigation rec-
ommendations for cases described in subparagraph 
(A), whether the Commission will commence or in-
tervene in the litigation for each case. 
‘‘(2) A member of the Commission shall have the 
power to require the Commission to decide by majority 
vote whether the Commission shall commence, intervene 
in, or participate in any litigation as described in para-
graph (1). 
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‘‘(3) Neither the Commission nor a member of the 
Commission may delegate the authority provided under 
paragraph (1) or (2) to any other person. 
‘‘(4) Not later than 30 days after the Commission 
commences, intervenes in, or participates in litigation pur-
suant to approval under this subsection, the Commission 
shall post and maintain the following information on its 
public website with respect to the litigation: 
‘‘(A) The court in which the case was brought. 
‘‘(B) The name and case number of the case. 
‘‘(C) The nature of the allegation. 
‘‘(D) The causes of action for the case brought. 
‘‘(E) Each Commissioner’s vote on com-
mencing, intervening in, or participating in the liti-
gation. 
‘‘(5) The Commission shall issue, in a manner con-
sistent with section 713, procedural regulations to carry 
out this subsection.’’. 
Æ 
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