Public comments are request on proposed changes
EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to amend its procedural conciliation regulations governing Title VII, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Age Discrimination in Employment Act (ADEA). With the proposed changes, the agency desires to “enhance efficiency and transparency, and better encourage a negotiated resolution when possible.”
Section 706(b) [Enforcement Provisions] of Title VII empowers the Commission to prevent any person from engaging in any unlawful employment practice. “If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” According to EEOC, they may “only commerce a civil action against an employer if the Commission has not been able to secure a conciliation agreement that is acceptable to the Commission.” In the Supreme Court case of Mach Mining, LLC v. EEOC the Court noted “that conciliation plays an important role in achieving Congress’s goal of ending employment discrimination.”
EEOC is seeking input through the NPRM and 30-day comment process on the questions of whether these proposed amendments will result in additional challenges to the Commission’s conciliation efforts, and whether such challenges would delay or adversely impact litigation brought by the Commission.
Comments may be submitted using the RIN Number 3046-AB19 through any of the following methods:
- Federal eRulemaking Portal
- By fax at (202) 663-4114
- By mail to Bernadette B. Wilson, Executive Officer, Executive Secretariat, EEOC, 131 M Street, NE, Washington, DC 20507
- By hand delivery or courier to Bernadette B. Wilson at the same address as above.
President at EEO Advantage, LLC
Featured Posts

What Is an I-9 Authorized Representative?

outRageous HR Podcast: What to Do When ICE Knocks: How to Prepare
Related Posts

What We’re Bringing to SHRM 2025

California Dreamin’? So are we! We’re bringing the power of HR compliance to SHRM 2025!

Form I-9 Reverification: What Is It and Who Needs It for Compliance?

Human Resources professionals juggle a long list of responsibilities from recruiting and onboarding to benefits management and legal compliance, the...

Chad & Cheese + Purple Acorn HR Morning Show: What’s Next for HR Compliance?

Between political shake-ups, shifting federal priorities, and the rise of AI in workforce oversight, HR compliance in 2025 is anything but...