EEOC Transparency and Accountability Act
Bill: S.4270 | Sponsor: Sen. Braun, Mike (R-IN)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
EEOC Transparency and Accountability Act
This bill provides statutory authority for the requirement that the Equal Employment Opportunity Commission (EEOC) vote on whether to commence, intervene, or otherwise participate in certain types of litigation, including cases involving issues in which the commission has taken a position that is contrary to the corresponding judicial precedent. (The EEOC adopted a similar resolution in January 2021.)
The commission must post information relating to such cases and associated votes on its website.

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 Representatives 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''.

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 following:
    ``(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 discovery or expert 
                witnesses;
                    ``(iii) each case presenting an issue on which the 
                Commission has taken a position contrary 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
                    ``(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 recommendation 
        from each district office of the Commission each fiscal year, 
        including litigation recommendations for cases described in 
        subparagraph (A), whether the Commission will commence or 
        intervene 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 paragraph (1).
    ``(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 pursuant 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 commencing, intervening 
        in, or participating in the litigation.
    ``(5) The Commission shall issue, in a manner consistent with 
section 713, procedural regulations to carry out this subsection.''.
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