Last week, the Senate voted 50-48 to reverse a Trump-era Equal Employment Opportunity Commission (EEOC) conciliation rule through a Congressional Review Act resolution. The rule required the EEOC to provide employers with “a written summary of the known fact,” and other information when an employee files a discrimination charge. The rule was meant to better inform employers on the findings in conciliated cases and encourage them to resolve disputes voluntarily rather than in court.

Conciliation is voluntary, is conducted by an EEOC investigator, and occurs after the EEOC determines there is reasonable cause to believe discrimination in a case has occurred.

Those who voted for repeal claim the rule allowed some businesses to drag talks out, making it harder for some plaintiffs to get justice since businesses can afford more expensive attorney fees. They also objected to the EEOC providing employers with the name of the worker who accused them of discrimination and any witnesses to the misconduct for fear of retaliation.

The resolution of disapproval will now go to the House where it is expected to pass and be signed into law by President Biden for repeal.

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