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Regulatory/Judicial News - Coalition Seeks Movement on EEOC Nominee and Redress of Court Order on Data Collection Rule

Thu, April 04, 2019 11:58 AM | CIRT News (Administrator)

A coalition representing a cross-section of the business community, including CIRT, has urged Senate Majority Leader, Mitch McConnell, to move expeditiously on a vacancy in the Equal Employment Opportunity Commission (EEOC) that effectively deprives the commission of a quorum or ability to act. The group points out that: “The inability of the Commission to act has had grave consequences for employers and other stakeholders” as evidenced by the lack of action on responding to a court ruling that has brought back a discredited rule-making (see below).  A similar message was communicated to Shahira Knight in the White House.

In addition, the U.S. Chamber of Commerce and the HR Policy Association has filed an amicus brief in the U.S. District Court for the District of Columbia regarding the EEO-1 pay data rule.  Other trade organizations joined the filing, which is part of an effort to stay the District Court’s ruling that invalidated the Trump Administration’s efforts to stop an over-reaching Obama era rule that ran afoul of the Paperwork Reduction Act and other legal requirements.  If the judge’s ruling is not stayed or overturned, countless hours of detailed data must be amassed on all employees to comply with the rule’s search for evidence of discrimination. Further, discussions are continuing with the Department of Justice and with OMB regarding the EEO-1 pay data rule. [See, Attached Wall Street Journal editorial regarding this issue entitled “An Obama Zombie Returns.”]

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